"You're in technology, right?" My questioner's tone was offhanded; she wasn't looking for detailed explanations.

"Something like that," I replied, and smiled to myself.

Many people think that technology is the crux of the patent business, and in one sense, they're absolutely right. If there were no inventions, there would be no patents (and yes, the inventions themselves had better be legally patentable advances over the existing technologies). However, anyone who thinks that the patent business is ALL about technology (or all about law) is flat wrong. In my mind, the most important things in the patent process are the relationships one builds -- with clients, with patent examiners, and with peers.

I've often said that my job is to get inside an inventor's head so that I can understand what an invention is and write about it. If I don't understand how an inventor is thinking, or what his or her goals are, I can't write effectively about an invention. If I'm not listening carefully to an inventor and truly thinking about what they're telling me, then I will almost certainly fail in the task of drafting a good patent application that provides real protection for their invention.

Communication skills are necessary for far more than the patent application drafting process, though. The patent process is a long one, sometimes five or six years, and good communication is vital. Good communication allows me to help the client set reasonable expectations, so that they understand the process, what they can expect from it, and where they are in that process. As things proceed, I need to understand a client's business goals, so that I know when to fight hard for a client, when to cut a deal, and (unfortunately) when it might be time to give up the fight. If I can't communicate well with a client, if I don't know what his or her goals are, and if I haven't helped that client to set reasonable expectations, then I've failed. Lack of communication leads to misunderstanding, anger, and, ultimately, failure to obtain patents.

Relationships with patent examiners are also vital. These are skilled government professionals (I was once one of them) who are too often vilified by the general public as lazy, crazy, or both. In all honesty, there are some patent examiners who "phone it in," don't understand the law, and don't care about the invention. However, those are a minority. For the most part, patent examiners are doing a good job, and if their view of an invention is different than mine or the client's, often they have a point. Sometimes, a patent examiner is legitimately trying to point out that we're seeking too broad of a patent.

Here's the secret: talking with patent examiners is critical. Sitting in their offices and negotiating is sometimes vital. I had a case in which the patent examiner had been digging in his feet over an arcane issue for over a year, preventing the client from getting a patent. My client and I went into the U.S. Patent and Trademark Office and sat down with the patent examiner. My client told his life story, and after that, we went over the patent application together. An hour later, we had an agreement with the patent examiner. Patent granted. Another client of mine was seeking a patent on a birthing simulator. We went into the Office with a prototype of the invention and simulated the delivery of a baby on the patent examiner's desk. Patent granted.

Recently, I filed a written response and then called the patent examiner to talk over a few things. "What could we POSSIBLY have to talk about that isn't in your written response?" the examiner asked. "Well," I replied, "I DID submit a response, but I want to make sure that I understand your position fully, and that nothing got lost in translation. I would hate to go down the road here only to find in 6-8 months that there's some major misunderstanding." Fifteen minutes later, the patent examiner admitted that the rejection they'd sent me was in error. That's what I wanted.

Sometimes I don't win outright just by talking. Sometimes the invention just isn't patentable. Sometimes, we have to go to the Board of Appeals. However, I always learn something from the conversation, and in its own way, that's a win.