what classes to take to become a patent attorney

by Camila Runolfsson 6 min read

Steps to Become a Patent Attorney

  • Be a United States Citizen or Legally Reside in the United States Complete a Bachelors Degree in one of the following fields: Biology Chemistry Physics Engineering ...
  • Prepare for, enroll in, and pass the LSAT (Law School Admission Test)
  • Complete your law degree from an ABA accredited law school
  • Have Good Moral Standing
  • Pass the Bar Exam in your jurisdiction
  • Pass the Patent Bar Exam ...

Full Answer

How do I become a patent attorney?

Here are six steps to become a patent attorney: 1. Earn a science or engineering degree First, a potential patent attorney earns a four-year college degree, usually a Bachelor of Science degree, in an engineering or science field.

What qualifications do you need to be a patent agent?

Nonetheless, a patent agent still needs to have an engineering or scientific bachelor qualification and have studied the relevant intellectual property law course required in their jurisdiction. Depending on jurisdiction, some practical experience working under a registered patent attorney may also be required.

What is the best major to get a patent?

Here is a list of majors that the patent office wants to see applicant have: 1 Biology 2 Chemistry 3 Physics 4 Engineering 5 Computer Engineering 6 Electrical Engineering 7 Microbiology 8 Organic Chemistry 9 Pharmacology

Can you work as a patent agent without a law degree?

In some countries, including Australia, Canada and the United States, you can work as a patent agent without ever being required to become an attorney-at-law. In Australia, a ‘patent agent’ is also known as a ‘patent attorney’, hence the confusion in comparing job titles across jurisdictions.

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What is the best degree for patent attorney?

What Should I Major in to Become a Patent Attorney ? Most patent attorneys, 36% to be exact, major in law. Some other common majors for a patent attorney include legal research and advanced professional studies and electrical engineering majors.

Do you need a law degree to be a patent agent?

Technical specialists and patent agents, in particular, do not need to have any legal training before they get their collective feet in the door. But those technical specialists and patent agents must have science or engineering qualifications.

How hard is patent law?

The exam is one of the most difficult in the country, with a pass rate of less than 50%. Many people have found that starting as a patent agent and working their way up is the best path. As a patent agent, one can represent patent applicants before the USPTO for their clients.

Is being a patent attorney hard?

Patent Attorneys Have Disputes with Each Other and Hold Grudges That Are Often Severe and Difficult for the Average Attorney to Understand. Patent Attorneys Tend to Hold Multiple Jobs in Many Law Firms, Switch Firms Often and Also Have Long Periods of Unemployment on Their Resumes.

What is the pass rate for the patent bar exam?

The following are actual exam results tracked by the USPTO for the last few years: 2020 – 48.9% Pass Rate. 2019 – 45.3% Pass Rate.

What is the highest paid lawyer?

Some of the highest-paid lawyers are:Medical Lawyers – Average $138,431. Medical lawyers make one of the highest median wages in the legal field. ... Intellectual Property Attorneys – Average $128,913. ... Trial Attorneys – Average $97,158. ... Tax Attorneys – Average $101,204. ... Corporate Lawyers – $116,361.

What is the difference between a patent agent and attorney?

A patent attorney has attended law school and taken and passed an examination for registration to practice law in that state. A patent agent is not a lawyer and cannot provide any legal advice, including advice on patent licensing or patent infringement.

Is an IP attorney the same as a patent attorney?

In short, a Patent or Trade Mark Attorney specialises in obtaining IP rights for Clients, whereas IP Solicitors typically specialise in in-depth litigation or licencing issues related to IP rights.

Is patent law competitive?

Jobs as a patent professional can be very competitive and there are only a limited number of places at which one can work as a patent agent.

What does a patent lawyer do day to day?

Responsibilities include consulting inventors to discuss their ideas, examining scientific documents, drafting and applying for patents, conducting litigations and defending or enforcing existing patents.

How long does it take to become a patent agent?

For this job, candidates need a bachelor's degree in physical sciences, engineering, or an area of specialty. You must pass an examination to be registered with the U.S. Patent and Trademark Office (USPTO). You need two to three years of related experience.

How do you practice patent law?

IV. In order to practice patent law before the USPTO, you must become a registered patent agent. In order to become a registered patent agent, you must take and pass the patent bar examination (officially, the Examination for Registration to Practice in Patent Cases Before the U.S. Patent and Trademark Office).

What do you need to become a patent agent?

For this job, candidates need a bachelor's degree in physical sciences, engineering, or an area of specialty. You must pass an examination to be registered with the U.S. Patent and Trademark Office (USPTO). You need two to three years of related experience.

How do I become a registered patent agent?

How to become a patent agentEarn your bachelor's degree. After graduating from college, you must enroll in a science or technology bachelor's degree program. ... Pass the Law School Admission Test. ... Apply to law school. ... Take the state patent bar exam. ... Submit all documents and pay necessary fees.

What is the difference between a patent agent and attorney?

A patent attorney has attended law school and taken and passed an examination for registration to practice law in that state. A patent agent is not a lawyer and cannot provide any legal advice, including advice on patent licensing or patent infringement.

How do you become a patent officer?

The statutory requirements for becoming a patent agent are: Be a citizen of India; Have completed the age of 21 years; Have obtained a degree in science, engineering or technology from any University established under law for the time being in force in the territory of India.

What does a patent attorney do?

A patent attorney (or a patent lawyer) is a licensed professional who specializes in the field of law governing intellectual property (to be exact,...

How much do patent attorneys make?

On average, a patent attorney can make a little more than $137.000 per year in the United States. In case you decide to choose this career path, yo...

How much does it cost to become a patent attorney?

You would certainly need a bachelor’s degree, in order to become a patent attorney (in any major). A year in a university can cost you anywhere bet...

What is the demand for patent attorneys?

Between 2016 and 2026, the lawyer job market (including patent attorneys) is expected to grow by 8.2%, according to the Bureau of Labor Statistics....

How long does it take to become a patent attorney?

It will take you 4 years to obtain a bachelor’s degree. It is recommended that students spend 150-300 hours on the LSAT (Law School Admissions Test...

How to Become a Patent Attorney?

To become a patent attorney, the USPTO requires applicants to have a degree or background in science or engineering, as well as a law degree from an accredited law school in the United States. The individual must then pass the patent bar exam. We will dive into more detail about the requirements below.

What Does a Patent Lawyer / Attorney Do?

Patent attorneys and lawyers spend much of their time drafting, preparing, and filing patent applications for their clients. Patent lawyers also spend a great deal of time communicating with the patent office and responding to inquiries from the patent office regarding his clients’ pending patent applications. Also, patent attorneys often meet with clients to discuss the patentability of their inventions, as well as whether they should proceeding with patenting their invention or design.

Why do patent attorneys need to communicate?

Patent attorneys must have great oral and written communication skills because a large portion of their job depends on communicating ideas to others. Whether you’re drafting a patent application or you’re communicating with the patent office, you must be able to communicate clearly and effectively.

How much does a patent attorney make?

How Much Money Does a Patent Attorney Make? According to PayScale, the average starting pay for a patent attorney is $138,054. On the lower end of the pay scale, attorneys make $82,000 and at the high end of the pay scale, patent attorneys make up to $204,000 per year.

How many questions are asked in the USPTO exam?

To pass the exam, an individual must answer 70% of the questions correctly or 63 out of the 90 questions correctly.

What is the background of a patent attorney?

Typically, patent attorneys have a strong background in the fields of science and engineering.

Do you have to submit transcripts to the USPTO?

Once an applicant has obtained a degree or completed the necessary coursework, he will have to submit official transcripts to the USPTO. The USPTO only accepts official copies, they do not accept copies or unofficial transcripts.

An undergraduate degree

An undergrad degree is required before you go onto the next step which is concerned with becoming a patent attorney. An undergrad degree can be taken in any field, it could be a science degree or an arts degree. Anything that will make you qualified to pursue the said field.

A postgraduate degree

The next step is the postgrad degree. This is where you will learn the most about the field that you want to get into. This field will be directed towards teaching you about the nuances of what means to be a patent attorney.

Understanding the law

The technical stuff may be extremely important, but at the same time, you have to understand that you are becoming an attorney and law happens to be the most crucial part when you are becoming a practicing lawyer in a sense.

Commercial skills

When you are deciding to become a patent lawyer, you have to keep in mind that you will be working for various businesses. You will be drafting patents and such for small businesses that will require your legal advice on various matters.

Communication is key

Finally, we have the most basic skill that anyone should have if they want to do well in this field, communication. Without knowing how to make your clients understand what you mean, you will easily fall onto the bottom of the food chain. You will have trouble getting new clients because you will not have the means to explain to a layman.

Aptitude in language

Another aspect of language that you will need is a better understanding of literal language. Becoming a patent attorney can easily become a job where you will have to interact with international clients. It isn’t necessary to know other languages. But it will always be helpful for you if you know how to read and speak in a few European languages.

Conclusion

You have to remember that the work of a patent attorney isn’t one-fold and thinking that it is will create problems for you in the future. Focusing on one aspect of it will not help you move forward in this specific field.

Where can a patent attorney work?

A patent attorney can work for a private company or in a law firm .

What is the job of a patent attorney?

The typical duties of a patent attorney usually include interpreting the rules and regulations of the patent process; providing legal representation; filing documents; negotiating contracts; conducting research to ensure that an invention has not been previously represented in the public domain, and so on.

How much does a patent attorney make in 2012?

The median salary in 2012 for all attorneys, including Patent Attorneys was approximately $113,530 per year.

Why are patents and copyrights important?

Patents and copyrights can be an important legal step for individuals who have an idea or product they wish to protect from others who can steal or copy their idea.

How long does it take to get a bar license?

The bar prep course can take you around 2 months; you can apply online for the USPTO licensing exam.

How much will the lawyer job market grow in 2026?

Between 2016 and 2026, the lawyer job market (including patent attorneys) is expected to grow by 8.2%, according to the Bureau of Labor Statistics.

Which state has the highest average salary for patent attorneys?

Patent attorneys that work in Massachusetts, Illinois, and California, for example, have the highest average salaries.

What experience is required for a patent attorney?

Must have experience in prior art research, patent application drafting, prosecution and the analysis of invalidity and infringement issues.

How many years of experience is needed to become a patent attorney?

The Patent Attorney occasionally directed in several aspects of the work. Gaining exposure to some of the complex tasks within the job function. To be a Patent Attorney typically requires 2 -4 years of related experience.

What is patent attorney?

A patent attorney has specialized education and skills. This representation includes filing patents and trademarks with the USPTO and handling all related matters. A patent attorney must be admitted to practice in at least one state, territory or the District of Columbia.

How much does a patent attorney make?

The average salary range for a Patent Attorney is from $124,267 to $188,468. The salary will change depending on your location, job level, experience, education, and skills.

What to do before hiring an attorney?

Thus before hiring one, you must negotiate on salary package of the attorney and then plan out your budget.

What skills are needed to be successful in a legal case management position?

A strong grasp of the following skills is needed to perform this role: Document Review, Legal Document Review, Licensing Management, Litigation Case Management, Negotiation, Patent Preparation and Filing. You would need to be proficient in the following: Intellectual Property Management Software, Legal Case Management Software. Although there may be many skills for success in this role, some companies may be willing to provide on the job training if you excel in other areas.

Is it important to be aware of patent laws?

It can be vital for you to be aware of the fundamentals of patent legislation prior to having a meeting with the patent attorney.

How much does it cost to register a patent?

The registration process begins with submission of an application to practice before the USPTO in patent matters (apply online using the Applicant Portal or PTO 158 form) along with i) a $110.00 non-refundable application fee, ii) a $210.00 registration examination fee, and iii) required information to show the necessary scientific and technical qualifications. These are described in detail in the General Requirements Bulletin.

How long does it take to get a certificate of registration?

In the absence of evidence of a lack of good moral character and reputation, you will receive your certificate of registration and welcome letter generally 3 months after passing the examination. Your name and correspondence address will be published in the Roster of Agents and Attorneys.

How to become a patent attorney in Australia?

To become a patent attorney in most countries, including Australia, you must first obtain a technical undergraduate degree in a field of engineering or science. Then, you need to obtain relevant qualifications and experience in intellectual property law.

What is a patent attorney?

Patent attorneys are intellectual property attorneys who are responsible for writing and filing patent applications. It is also their duty to protect the rights of their clients, the inventors and their patents, before organisations such as Patent and Trademark Offices (PTO).

What are the responsibilities of a patent attorney?

The responsibilities of a patent attorney are to: Write detailed technical / engineering / scientific descriptions of inventions using very exact language in the proper formats. Write patent claims to define the legal scope and variations of the monopoly conferred by the patent when it is granted.

How many cases are in a patent portfolio?

Workload management skills, as patent attorneys are normally managing a portfolio of several hundred cases at any given point in time.

How many levels of patent examination are there in the UK?

Pass examinations set by the UK Patent Examination Board. There are two levels of examination – you must pass the foundation level exams before progressing to the final exams the following year.

How long does it take to become a patent agent in Canada?

To become a registered patent agent in Canada you will need to: Complete a series of four qualifying exams in a span of four days. Before you can register for the examination you must have at least 24 months’ practical experience in the area of patent law and practice, with at least 12 of those months worked in Canada.

How long does a patent last?

The typical term for the monopoly granted by a patent is 20 years from the original filing date of a patent application.

How to become a patent attorney?

For those who want to represent inventors or companies in their pursuit to obtain a U.S. patent it is necessary to take and pass the Patent Bar Examination and become either a Patent Attorney or a Patent Agent. Not just anyone can take the Patent Bar Exam. In order to qualify to even take the Exam it is necessary for the individual seeking to take the test to demonstrate to the USPTO’s Office of Enrollment & Discipline (OED) that they: (1) Possesses good moral character and reputation; (2) Possesses the legal, scientific, and technical qualifications necessary for him or her to render applicants valuable service; and (3) Is competent to advise and assist patent applicants in the presentation and prosecution of their applications before the Office. Generally speaking, the main hurdle for most who are unable to sit for the Exam is the scientific/technical qualification requirement.

How long does it take to get into the patent bar?

If you file a complete application and you qualify under Category A or B you will likely receive an admission ticket to take the Patent Bar Exam within two weeks. It is important to keep in mind that those seeking to qualify under Category B will need to submit not only an official transcript, but will also need to include course descriptions for each course relied upon. This can take some time because the course description must be the official course description for the course in the year in which the course was taken. Colleges and Universities do keep old course descriptions and they can be obtained, but it can take at least several weeks (or longer) to get the information you need, particularly for old courses where that information may be stored in archives off-site. So if you are going to attempt to qualify under Category B you should do the leg work necessary in advance. Don’t wait to the last minute before you want to apply and think you will be able to apply quickly or easily.

What is considered scientific and technical training?

An applicant is considered to possess the necessary scientific and technical training if he or she provides an official transcript showing that a Bachelor’s degree was awarded in 1 of 31 different scientific or engineering disciplines by an accredited United States college or university, or that the equivalent to a Bachelor’s degree was awarded by a foreign university. For a listing and discussion of these Category A degrees see Who Can Take the Patent Bar?

What is the hurdle to take the patent bar?

Generally speaking, the main hurdle for most who are unable to sit for the Exam is the scientific/technical qualification requirement. Those applying to take the Patent Bar must demonstrate to OED that he or she possesses the scientific and technical training necessary to provide valuable service to patent applicants.

What are not accepted courses in science?

machine operation, wiring, soldering, etc.); courses taken on a pass/fail basis; correspondence courses; ecology; economics of technology; courses in the history of science, engineering and technology; field identification of plants and/or animals; home or personal independent study courses; high school level courses; mathematics courses; one day conferences; patent law courses; paleontology; political science courses; repair and maintenance courses; radio operator license courses; science courses for non-science majors; vocational training courses; and work study programs. Also not accepted are college research or seminar courses where the course content and requirements are not set forth in the course descriptions; and courses that do not provide scientific and technical training. Further, not accepted are courses that repeat, or which are substantially the same as, or are lesser-included courses for which credit has already been given.

Is advanced degree required for USPTO?

This is sometimes surprising to those who hold advanced degrees, who question why the USPTO would have such a silly requirement. The unfortunate truth, however, is that this is not a silly requirement. There are “engineering or science sounding advanced degrees that focus almost exclusively on business and/or management topics, which is not the case for Bachelor’s degree programs. Those with advanced degrees but no Category A Bachelor’s degree should NOT panic. You should easily have enough credits under one of the Category B options to qualify to sit for the Exam.

What is the qualification of an aspiring patent agent?

The qualification of an aspiring patent agent is very much relevant because the patent granting procedure requires an agent’s expertise in science and technology. The person applying should have documented evidence that he has studied and is knowledgeable enough in all physics, chemistry, mathematics and biology.

What is the function of a patent attorney?

Their main function is assisting an inventor for filing a patent application and all works associated with such filing. They help the applicant in search of prior art, completion of all paperwork involved in the course of application, and also to work on revising of rejected patent application.

Who is a patent agent?

A licensed agent of the United States Patent and Trademark Office, whose job is to advise and assist an inventor for getting patent or applying for a patent is known as a patent agent. Their main function is assisting an inventor for filing a patent application and all works associated with such filing. They help the applicant in search of prior art, completion of all paperwork involved in the course of application, and also to work on revising of rejected patent application.

What is the difference between a patent attorney and a patent agent?

Difference between a patent agent and patent attorney: A patent agent’s function may coincide with that of a patent attorney’s but there is a hairline difference between a patent agent and a patent attorney. A patent agent is a cheaper option when it comes to filing a patent application to the USPTO in respect to a patent attorney.

Who can help with patent application?

The USPTO is of the opinion and prefers that for completion of the complex procedure of patent application an applicant should always take the help of a patent agent. A patent agent can perform many duties like representing an applicant in the USPTO. The patent agent, unlike a patent attorney, is not capable of appearing in the patent infringement court on behalf of the applicant.

Can a patent agent represent a patent applicant?

But there are some functions which a patent agent cannot perform. An agent cannot represent a patent applicant in the patent infringement court, which a patent attorney is the only capable of.

Is it cheaper to file a patent application with a patent attorney?

A patent agent is a cheaper option when it comes to filing a patent application to the USPTO in respect to a patent attorney. The patent attorney will cost the inventor more bucks for just filing an application in which a patent agent is a specialist. But there are some functions which a patent agent cannot perform.

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