News
An Interview with Raymond Wagenknecht, Esq., Molecular Biologist to Patent Attorney
August 19, 2007
Ray Wagenknecht serves as one of our board of advisors. We’re very fortunate to be working with him and his background in molecular biology is one that many life science students can appreciate. For those of you that wonder what else is there to life science besides research or industry, Ray gives an interesting glimpse into the world of patent law.
ScienceAide: Tell us about a typical day of work at your law practice.
The strongest asset many companies have is their intellectual property portfolio. Intellectual property law encompasses patents, trademarks, copyrights and trade secrets. In essence, intellectual property attorneys help develop, protect and enforce intellectual property rights. Since I am a patent attorney I primarily focus on patent rights; however, I also help others obtain trademark rights as well.
Since intellectual property is such a vital asset, I am frequently brought in very early during the life of the company. In fact, sometimes I am approached by a CEO or scientist before the company is actually formed. Some days I meet with corporate executives or scientists to discuss plans to develop patentable inventions. Other days, I may meet with the same or different corporate executives or scientists to discuss ways to avoid infringement of others’ patents. Often a combination of the two is discussed early on.
Once a company develops an invention, I am called on to prepare and file one or more patent applications before the United States Patent and Trademark Office. I help define the patentable components and ensure the application fulfills the procedural requirements. If the patent application is rejected, I submit arguments distinguishing the invention from others. To do this, I often meet with the scientists to identify the scientific differences between the prior inventions and the present patent application then create a legal argument on behalf of the company.
I also help when there are allegations of patent infringement. Patent infringement legal actions are litigated in federal court, appealed to the Court of Appeals for the Federal Circuit in Washington, DC and then to the Supreme Court of the United States. Since patent infringement litigation can be complex, a team is often formed. My role as a patent attorney is typically to help define what rights are covered in the patent and whether there is infringement. Depending on the case, I may represent the plaintiff or defendant.
ScienceAide: Tell us about your undergraduate experience, research you did, and areas of study you focused on.
I received a BS in molecular biology from UCSD. Like many students, I was able to use work study to get my first lab position
ScienceAide: What did you do after you graduated UCSD? What made you decide to go to law school?
After graduating from UCSD, I immediately joined an immunology development research lab within UCSD’s medicine department. In fact, my first job was only a part time lab assistant position. However, instead of going home after my 4 hour shift I’d stick around and volunteer for additional projects. I was interested in learning new techniques and refining those that I was already exposed to. I was soon offered a full time position and worked on more complex projects. I dedicated about 3 years to immunology research and co-authored about 4 research papers.
I then joined a small biotechnology company in Sorrento Valley where I was actively involved in genomics and proteomics projects for identifying therapeutic targets for osteoporosis. The research years at UCSD really paid off. I applied my skills to another scientific area, drug discovery. While developing the technology, it was brought to our attention that we may be infringing a patent. At that point I realized the power of a patent and became interested in how patent rights are obtained and enforced. I researched patent law and careers in patent law. I noticed that patent attorneys for biotechnology were in demand and the pay was much more than I would receive at the bench. So I went for it and applied locally to law school at University of San Diego.
ScienceAide: Looking back in time, do you think you made the right decision to go to law school? Is there anything you would have done differently if you had the chance?
Law school was a great decision. My undergraduate degree and work experience all centered around developing technology or studying biological systems. In science, we are always looking for the answer. In law, often there is no clear answer. A legal education helps its graduates define the problem and develop arguments or theories that may support a position while identifying weaknesses in the arguments.
Is there anything I’d do differently? There are always things that could’ve been done better. After all, hindsight is 20/20. Importantly, I never took the easy way out and always looked to challenge myself. I still do.
ScienceAide: How does an undergrad get started to find out more about a career in law, especially if their studies don’t expose them to that field?
A good way is to contact an attorney that practices in the area that you may be interested in. Many of us will talk briefly to students interested in our careers.
ScienceAide: Do you have any advice for life science undergrads that are unsure about their future?
When I graduated I was unsure too. First, I’d recommend that whatever you do, dedicate yourself to the task at hand. The skills you develop may be transferable to your new job.
Second, opportunities will present themselves. Don’t be afraid to try something new or explore a new interest. Diverse experiences will help in the long run.
ScienceAide: What do you do for fun?
A legal career can really be stressful at times. There are court appearance dates and companies rely on your expertise. So I like to get away from cerebral activities in my free time. I like going to the beach, mountain biking, tennis and other sports. Healthy body, healthy mind!