von Briesen’s Bergin engineers a patent law practice

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Patrick Bergin was halfway through his first year of law school when he wished he had continued his original plan of getting an undergraduate degree in engineering.

“I was interested in patent law and knew that I needed that engineering background, so I actually then started taking engineering classes,” said Bergin, chair of von Briesen & Roper’s Patent Law Section. “As a patent attorney you need that technical background. It also felt good to go back and finish up those classes.”

A registered patent attorney with the United States Patent and Trademark Office, Bergin helps clients on a variety of intellectual property issues, including drafting and prosecuting utility and design patent applications in the mechanical, electro-mechanical and medical device arts. That specialty area connects back to his studies in mechanical engineering.

Technical expertise is vital for patent attorneys since it provides a base for working with clients on diverse projects, Bergin said.

“The background helps me understand the different processes. You want to be able to speak intelligently about the technology, but you don’t want to be in the weeds so much that the judge or anyone else involved in the case doesn’t understand what you’re talking about,” he said. “I talk to engineers and patent examiners and I need to be able to communicate effectively with both.”

Some of Bergin’s clients are long-term and he’ll handle multiple patents for them while for other clients, he may only work on a single case.

Bergin said working in patent law invigorates him.

“With patent law I get to meet with folks who are developing new technologies and help them devise protection for those technologies,” he said. “The clients are excited about what they are doing and that gets me excited.”

One challenge in patent law, however, is the length of the process, which Bergin said can frustrate clients.

“An important part of my job is managing my client’s expectations,” he said. “I’m also involved in patent litigation when clients believe a part of their invention was infringed on. Again, I need to use my technical expertise to compare how the two products or processes are similar and how they differ.”

Wisconsin Law Journal: What makes your work important to you?
Patrick Bergin: It keeps me constantly challenged. Clients look to me to help them protect their newest technology, which is interesting from both a technical and a legal standpoint.

WLJ: Who is your hero in the legal field?
Bergin: I don’t have a specific legal hero, but there are lots of them in the legal profession. Legal heroes are the people who make a tough job look easy. First, they do great legal work and provide solid business advice. But they also love their families and spend time with them, they are generous with their time in training young attorneys and they find ways to actively support their communities.

WLJ: What do you do outside of work to deal with stress from the office?
Bergin: I have two very active sons — a 6 year old and an 11 year old — to play with. Spending time with them really helps me to keep everything in balance. I’ve been very lucky to coach my older son’s baseball team for a couple of years and I’m looking forward to coaching my younger son next spring. I’m a big believer in regular exercise for stress relief and I enjoy swimming, running and biking to keep in shape for my favorite sport, which is skiing.

WLJ: What’s one thing many people get wrong about what you do?
Bergin: I’m a patent attorney and it seems that the most common misconception about patents is that a patent gives the owner the exclusive right to make or sell their invention. That isn’t the case. A patent only gives its owner the right to exclude others from making, using and selling what is covered by their patent’s claims.

WLJ: What’s your favorite memory from law school?
Bergin: I have a lot of great memories, but the one that stands out the most was re-meeting my eventual wife at Murphy’s Irish Pub after the dean’s reception my first year of law school. She was a senior at Marquette at the time. We had known each other as kids, but had not been in touch for several years.

WLJ: Is there a certain case that stands out to you?
Bergin: The big, long-term cases where you spend a couple of years of your life always stand out and make the best war stories. But, even more than the big cases, it is all of the little issues along the way that didn’t go the way I thought they would. Some of those really stick with you — both the good and the bad.