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A Patent Attorney’s guide to Aspirant Lawyers – Shanaaz Mahomed

To the students, congratulations on all your achievements. Reaching this point of your career is a real accomplishment. Each of you has had significant achievements at this prominent university and I am honoured to commemorate this day with you alongside your lecturers, family, friends and peers. Going forward, I’d like to offer my advice and a few stories in the hope that it will assist you, as you embrace new challenges after graduation.

 

  1. My first point of advice which I offer to you is to Believe in yourself

You will undoubtedly receive advice about your career or other decisions from people around you. While we should listen to their advice we should be guarded against giving their opinion too much weight relative to our own opinion.

 

I was still a junior serving my articles when a senior patent attorney thought it was in my best interest that he gives me the benefit of his experience. He was of the view that I was not cut out for this profession as a patent attorney and it was best that I know this sooner rather than later. In that moment, I was devastated…but he knew this profession better than I did and so I believed him. Soon after completing my board exams I disengaged from my plans of being a patent attorney and embarked on a different career path …that of aspiring to be a trade mark attorney. I continued pursuing trade marks for a year and when I was ready for new challenges, circulated my resume with the intention of employment within the trade mark specialist field. As I had hoped, a prestigious intellectual property firm showed interest in my resume…what I did not expect was that the offer was in the patents field, a field that I believed was not for me. I explained this to the partner who made the offer …I was not sure that patents was for me. After discussing this with him over a cup of coffee, I decided to give patents another go…….and in 2005 I passed my final exam and qualified as a patent attorney….. What I learnt from this experience… was to believe in myself.

 

 

  1. The second point of advice which I offer to you is to Have courage.

Have the courage to engage in new challenges and move out of your comfort zone.

 

When I graduated with a Bachelor of Science degree at NMMU. I was passionate about one of my majors…biochemistry and I naturally applied for my honours in biochemistry at this university.  I believed that I had a future in science. However I also considered law and the possibilities of such a career. I was a shy and reserved person and I didn’t think that I fit the character traits of what I thought a lawyer should possess. There was something about this thought that enticed and challenged me to apply for law. What were my chances any way of being accepted as a law student? I received 2 letters from NMMU each stating separately that I was accepted as an honour student in Biochemistry and as a student of Law. I did not expect this! As much as I was comfortable with biochemistry, I was so uncomfortable at pursuing law and had no idea if I would even succeed or even make it through my first year. Decision time arrived and I chose to put aside my fear and discomfort at the prospect of being a lawyer and chose law.  Today, being a lawyer – something I was afraid to do – is one of the best decisions I’ve made.

I encourage you to do that which you would not ordinarily do and by so doing you may do something extraordinary with your life.

 

  1. The third point of advice which I offer to you is to Seek Support.

Seek support by surrounding yourself with people who will challenge you and who will give you a different perspective on a situation and not people who will be agreeable with you rather than tell you where you went wrong or how you could improve.

 

In the former years of my career I approached my work with the attitude that I can do this on my own. I am strong enough to go it alone. A friend observed this and offered me support. I was reminded that no man or woman is an island. Years later in my career, I sought the support of my colleagues and had the benefit of experiencing the wisdom and knowledge inherent in mentors. These mentors continue to have a valued place in my life and continue to have a positive impact on my life. Simply put, I would not be the professional patent attorney I am today without their support.

 

I offer this thought for your consumption – As we do not live in a vacuum it is sensible to propose that the feedback that we receive from mentors and our environment may be invaluable to our survival, especially in a cut-throat profession such as law.

I encourage you to seek support within your profession.

 

  1. The fourth point of advice which I offer to you is Have Integrity.

I’m sure you’ve heard the cliché that it takes a lifetime to build a reputation but it takes 5 minutes to destroy it! A lawyer is weighted higher than that of the reasonable man and with this comes an expectation from the public of admirable and untarnished integrity.

 

In the profession you decide to pursue, and in the decisions you make in your lifetime execute them with integrity.

 

  1. The fifth point of advice which I offer to you is Have a plan and be open to the possibilities that your plan can change.

After 10 000 attempts to make the electric light bulb Thomas Edison said: I haven’t failed. I’ve identified 10 000 ways that it doesn’t work.

 

You will undoubtedly experience unfavourable situations too within your professional career.

 

My broad career plan was to graduate from university, serve my articles at a prestigious firm, qualify as a patent attorney and build my reputation within an intellectual property firm and be a partner at the best intellectual property firm.

 

I encountered a stumbling block in my final patent examinations. I had one subject that I had failed more than once and in a frank meeting with my principal, I plainly stated that if I did not pass my exams in that year, I would accept that I have given it my best and tender my resignation.

 

At that time, I had dedicated 8 years of learning time at NMMU University and 8 years in practice but I was adamant that I would resign.

 

I also had a plan for my personal life. Understandably, most of my time was consumed with my professional career and so my personal plan was to have my own home and just hope the rest would work out. Not the best plan I admit.

 

On one 2nd of November, a sequence of 3 events occurred that would change my life in a way so much better than I had planned –

 

  • The first event on that day – I was scheduled to attend a conference at Gallagher estate in Midrand. Before departing for the conference, I received my results and had passed my final exams! As you can imagine, I was overwhelmed with happiness.
  • The second event on that day – at the conference my colleague congratulated me on passing but then added that I had made history in an area of law that had been practised in South Africa for over a century by becoming the first black female to qualify as a patent attorney.
  • The third event on that day – a gentleman from a healthcare company introduced himself and as was natural etiquette at conferences we exchanged business cards – that same person is my husband.

 

Needless to say, I did not resign but continued to progress at Spoor & Fisher from an associate to a partner and director.

 

The lesson I learnt was to persevere. Be open to the possibilities that your plans can change but that it can change for the better.

 

  1. My final point of advice which I offer to you is Help others.

Help others grow to their full potential. At a time when you are ready and able, explore ways in which you can give back to your family that supported you, your university, your colleagues and your community.

 

I head the Social Responsibility unit at Spoor & Fisher and channel my time to make a contribution and difference to my community. I have derived the benefit of the experience and wisdom of the professors and lecturers at NMMU and today it is my turn to make a contribution. I deliver lectures to the law students, and Spoor & Fisher has facilitated the protection of intellectual property developed by Researches at this university, Spoor & Fisher has also sponsored the prize for the best NMMU intellectual property student. Remember to give back in some beneficial way. You could be standing where I am today, with the possibility of making a marked difference to someone’s professional life!

 

In conclusion, to the Dean, Vivienne thank you for this opportunity. It is an honour to be here today. It has also been a privilege to have you as my lecturer many years ago. You had taken the time to mention to me the possibility of pursuing a career as a patent attorney which I researched and pursued. That one moment made a notable difference to my professional life. Thank you.

 

Lastly, congratulations to the families that love you and supported you during these important years. And thank you to the Dean, lecturers and the rest of academia, for imparting their knowledge, their wisdom and their time to you during these formative years of your life.

Thank you.

 

Shanaaz Mahomed

Partner and Director Spoor & Fisher

Speech at NMMU Law Ball September 2010

 

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