The program begins with learning to understand the clients’ inventions and exposing interns to a wide array of technologies. Interns may interview the inventor, study a disclosure of the invention to conduct a prior art search using Internet-based search tools, or prepare a written description of the invention to enable a professional searcher to investigate the prior art.
The searcher looks for prior art patents that show the exact same invention, and if that invention is not found in the prior art, the searcher notes the prior art patents that are closest in terms of patent law to the invention. The intern then studies the prior art patents identified during the search and isolates the structural and functional features that are not shown or suggested in the prior art patents. The intern prepares a report for the inventor that advises whether or not a patent can be obtained and, if so, the scope of coverage afforded by such a patent. The report also indicates where the invention falls along a spectrum of potential patent protection ranging from very specifically claimed property to very broadly claimed property, as limited by the teachings in the prior art patents noted during the search.
Once interns have mastered the patent searching process, the foundation is set for preparing a patent application. A handbook is made available for guidance in the steps of preparing a patent application, but the most important aspect of an intern’s training is one-on-one tutoring in the various phases of the application preparation. It takes approximately two years to become self-sufficient in the preparation of patent applications.
Although the core of the intern training lies in the preparation of patent applications, interns are also exposed to trademark and copyright issues and are frequently called upon to conduct legal research and other support activities for litigation involving intellectual property issues. An intern’s work also frequently involves patent infringement and validity studies.
Interns are required to hold all client matters in confidence and held to the same standards of confidentiality as a licensed attorney.