Understanding Industry as a Patent Attorney: Key Takeaways from the Business Talk with Berd Boesherz
In the fast-paced, ever-evolving world of technology and IP, one thing is clear: a deep understanding of industry dynamics is essential for patent attorneys who wish to truly add value to their clients. This was the central theme of a recent CEIPI IP Business Talk featuring Bernd Boesherz, a seasoned patent attorney with a unique perspective shaped by decades in the telecommunications industry.
The Journey into Intellectual Property
Boesherz path to becoming a patent attorney is a fascinating one. Like many in the profession, he didn’t set out with this career in mind. Initially trained as an electrical engineer, he spent years in technical and management roles within the telecommunications sector, working for industry giants like Vodafone. This practical industry experience laid the foundation for his later work in intellectual property, providing him with insights that are often absent in purely legally-trained professionals.
In his early years, Boesherz worked on specifying technical requirements for mobile networks, during the dawn of the digital communications era in the early 1990s. This deep technical grounding, combined with management experience, uniquely prepared him for his eventual pivot to intellectual property law. It was only after turning 50 that he took the leap into patent law, moving from a career managing complex technical projects to one focused on protecting the intellectual property of innovators.
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The Value of Industry Knowledge for Patent Attorneys
One of the standout points from the talk was the critical importance of industry knowledge for patent attorneys. According to Boesherz, having a real-world understanding of the technologies and business processes of his clients allows him to ask more meaningful questions, craft more effective IP strategies, and ultimately secure stronger patents. This knowledge is not just about the technology itself, but about how businesses operate, make decisions, and measure success.
For instance, a patent attorney without industry experience might focus solely on the technical novelty of an invention. In contrast, someone with a background like Boesherz can appreciate the broader business implications, understanding not only what a patent protects but why it matters to the company’s long-term goals. This includes insights into supply chain dynamics, market positioning, and competitive strategies—critical components of a successful IP strategy that go beyond mere technical claims.
Breaking Down the “Chinese Wall”
Another critical insight from the talk was the challenge of overcoming the so-called “Chinese wall” that often exists between patent attorneys and their clients. Many companies, wary of revealing too much about their strategic intentions, limit their disclosures to narrow technical descriptions, potentially missing out on valuable IP opportunities. Boesherz argued that this disconnect can be bridged through trust and relationship building.
He noted that one way to break down these barriers is to establish multiple communication channels within client organizations. This means not just talking to engineers and inventors, but also engaging with CEOs, CTOs, and other decision-makers who hold the broader strategic vision of the company. This multi-layered communication approach allows patent attorneys to gain a more nuanced understanding of their clients’ goals, ultimately leading to stronger, more strategically aligned patent portfolios.
The Strategic Role of Patent Attorneys in Modern Business
Boesherz emphasized that today’s patent attorneys must think beyond just drafting and prosecuting patents. They need to act as strategic partners, helping clients navigate the complex landscape of technological innovation, competitive pressures, and shifting market dynamics. This requires a mindset that views patents not just as legal documents, but as critical business assets.
One compelling example discussed in the talk involved a mechanical engineering firm where the initial patent concept was cantered on a seemingly straightforward technical feature. However, upon deeper discussion, it became clear that the true value of the invention lay in its impact on the company’s supply chain—a revelation that fundamentally changed the way the patent was framed and filed.
Embracing Digital Transformation
The talk also touched on the ongoing digital transformation within the IP sector. As Boesherz noted, the shift to digital work environments has fundamentally altered how patent attorneys interact with their clients. His own firm, for example, has embraced a paperless approach, using digital tools to streamline communication and collaboration. This not only reduces overhead but also enables a more agile, responsive service model that better aligns with the needs of modern businesses.
The Human Element in IP Strategy
Ultimately, the CEIPI IP Business Talk underscored a critical but often overlooked point: the practice of IP law is, at its heart, a people business. Successful patent attorneys must be genuinely interested in their clients’ businesses, willing to invest the time to understand their goals and challenges, and capable of speaking the language of both engineering and business. This human connection, more than any technical tool or legal process, is what truly drives success in the field.
Conclusion: The Future of IP is Personal
As the world of technology continues to evolve, the role of the patent attorney will only become more critical. Those who can bridge the gap between technical knowledge and business acumen, while embracing the opportunities of digital transformation, will be well-positioned to thrive in this changing landscape.
For those considering a career in IP, Boesherz journey serves as a powerful reminder that it’s never too late to pivot and that real-world experience can be a powerful asset in the world of intellectual property.
Picture by Magda Ehlers on Pexels
