what is a patent attorney?

by Camilla Price 10 min read

What is the role of a patent attorney?

Patent attorneys are experts in preparing and filing patent applications and representing clients in court for patent-related matters such as infringement, licensing, and re-examination.

What does a patent lawyer do daily?

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

Is a patent attorney a lawyer?

Is a patent attorney a type of lawyer? Yes. However, you do not need a law degree to become a patent attorney. Patent attorneys are a specialist type of lawyer monitored by their own regulator, IPReg.

Is it worth becoming a patent attorney?

It's not a bad start for a career in IPR but after a point, career progression tends to hit a ceiling. If you're the kind of person who's satisfied with that job profile and limited growth prospects or can not afford to take a sabbatical from work to pursue Law school education, Patent Agent suits you better.

What is the highest paid lawyer?

Highest paid lawyers: salary by practice areaPatent attorney: $180,000.Intellectual property (IP) attorney: $162,000.Trial attorneys: $134,000.Tax attorney (tax law): $122,000.Corporate lawyer: $115,000.Employment lawyer: $87,000.Real Estate attorney: $86,000.Divorce attorney: $84,000.More items...•Dec 14, 2021

Is patent law stressful?

The Journey. This is perhaps the most stress-inducing and challenging part of a career in patent law, but that is true for any job in the field of law. They all require time, energy, and dedication to get there. ... Many people have found that starting as a patent agent and working their way up is the best path.Jun 29, 2021

Do you need a PhD to become a patent attorney?

You don't have to be a genius, but academic qualifications are valued. You may have to get your head round some extremely complex and technical patents in your working life. Around 60% of patent attorney trainees have a postgraduate qualification and around half of these have a PhD.Jul 11, 2017

How long does it take to qualify as a patent attorney?

In reality, it typically takes 4-6 years to become a patent attorney.

How do you become a patent attorney?

Here are six steps to become a patent attorney:Earn a science or engineering degree. ... Take the LSAT. ... Attend law school. ... Pass the state bar exam. ... Pass patent bar and register with USPTO. ... Consider additional specialized education.Jul 23, 2021

What type of lawyer makes the most?

10 Types of Lawyers That Make The Most Money1: Immigration Lawyer. ... 2: Civil Rights Lawyer. ... 3: Family and Divorce Lawyers. ... 4: Personal Injury. ... 5: Criminal Defense Lawyers. ... 6: Corporate Lawyers. ... 7: Bankruptcy Lawyers. ... 8: Real Estate Lawyers.More items...

Are patent agents in demand?

Patent agents are in high demand as individuals and corporations continue to formulate new ideas and inventions. ... Patent agents' opportunities for career advancement are good, as well. They can become patent attorneys and even establish their own legal firms.

How hard is it to be a patent agent?

A patent agent or attorney must take an extremely difficult examination with a very low pass rate to become eligible for admission. The patent bar is officially called the Examination for Registration to Practice in Patent Cases Before the United States Patent and Trademark Office.

How do you become a patent attorney?

It usually takes at least 2 years to qualify. You may be able to take a postgraduate award in law or intellectual property law, which can count towards qualification as a patent attorney. Many patent attorney trainees are sent on one of these courses by their employers.

What is the highest paid lawyer?

Highest paid lawyers: salary by practice areaPatent attorney: $180,000.Intellectual property (IP) attorney: $162,000.Trial attorneys: $134,000.Tax attorney (tax law): $122,000.Corporate lawyer: $115,000.Employment lawyer: $87,000.Real Estate attorney: $86,000.Divorce attorney: $84,000.More items...•Dec 14, 2021

Is a patent attorney a lawyer?

Is a patent attorney a type of lawyer? Yes. However, you do not need a law degree to become a patent attorney. Patent attorneys are a specialist type of lawyer monitored by their own regulator, IPReg.

Is it worth becoming a patent attorney?

It's not a bad start for a career in IPR but after a point, career progression tends to hit a ceiling. If you're the kind of person who's satisfied with that job profile and limited growth prospects or can not afford to take a sabbatical from work to pursue Law school education, Patent Agent suits you better.

What is the highest paying job in the world?

Top highest paying jobs in the worldChief Executive Officer.Surgeon.Anaesthesiologist.Physician.Investment Banker.Senior Software Engineer.Data Scientist.Dec 31, 2021

How much do Harvard lawyers make?

At mid-career, Harvard law graduates earn $234,000, on average. Stanford and University of Virginia follow closely, with recent grads earning $133,000 and $130,000, respectively. About 10 years into their careers, those grads earn upwards of $220,000.Mar 13, 2012

What kind of lawyers make millions?

Types of Lawyers That Make the Most MoneyMedical malpractice lawyers: $250,000;Patent attorney: $1840,000;Intellectual property (IP) attorney: $163,000;Trial attorneys: $144,000;Tax attorney (tax law): $122,000;Corporate lawyer: $118,000;Employment lawyer: $88,000;Real estate attorney: $87,000;More items...•Oct 27, 2021

Why are there no patents in Hong Kong?

The main reason is because Hong Kong does not have a standard patent (20 years) original grant system. Currently Hong Kong recognizes standard patents or patents for invention registered and granted in the People's Republic of China, European Patent Office (designated UK), or United Kingdom. These patents can be re-registered in Hong Kong without examination within a prescribed period. On October 4, 2011, the Hong Kong SAR Government published a Consultation Paper on Review of the Patent System in Hong Kong.

What is a patent attorney?

patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing patent applications and oppositions to granted patents. The term is used differently in different ...

How to become a registered patent agent in Canada?

To become a registered patent agent in Canada one must complete a series of four qualifying exams over four days. As of May 1, 2014, a patent agent trainee can sit the exams if the trainee is a resident in Canada and has worked in Canada in the area of Canadian patent law and practice, including the preparation and prosecution of applications, for a period of at least 24 months. Up to 12 months of practical experience will also be recognized for those entitled to practice before the patent office of another country. One may also qualify to sit for the exams if the individual is a resident of Canada and has been employed for at least 24 months on the examining staff at the Canadian patent office.

Where are patent attorneys located?

As of the beginning of the 2019, there were 2001 patent attorneys in Russia. Most of them are located in Moscow (1194) and Saint Petersburg (298). Patent attorneys are entirely absent from 23 regions of Russia.

Is the EPO a member of the European Union?

The EPO exists by virtue of the European Patent Convention (EPC), and is not legally bound to the European Union . To legally represent clients (generally patent applicants, proprietors and opponents) before the EPO, a patent attorney must first be registered to act in that capacity as a professional representative.

What is the role of the European Patent Office?

The task of the European Patent Office (EPO), which is the main organ of the European Patent Organisation, is to grant European patents (and also to hear and determine third-party challenges to the validity of European patents, in opposition proceedings ).

What is a patent agent in India?

In India, a person registered to practice before Indian Patent Office is called a "Registered Patent Agent" or simply "Patent agent". The Indian Patent Law specifically does not mention the designation of "Patent Attorney".

Start with your needs first

Your absolute first priority in seeking the aid of a patent attorney should be figuring out what you need to accomplish what you want. This means figuring out where what you’re doing fits in. If your patent is based in a specialized area, you’re going to want to work with people who are trained and specialize in that same area.

Scout the competition

Secondly, you will want insight as to how much competition you (and your attorney) are going to have from other patent holders- you can check the USPTO website for information regarding your market and potential competitors.

Draft a team

Ultimately, you’re going to end up choosing only one lawyer, but in an ideal world, you would have a team. For this next step, you want to assemble a list of five to seven qualified and capable attorneys that would make your ideal team.

Get to know your teammates

Once you have your initial list of qualified candidates, you will want to do a little background check on them- but nothing too serious! A quick Google search should suffice to provide you with insight as to their reputations, press relations, what their workload looks like, and more.

Meet your team

Once you have five to seven of your favorite candidates assembled, its time to reach out to them for two things: the first is to confirm that they are accepting new clients, and the second is to schedule a preliminary interview upon confirmation. “I treat attorneys like I do physicians,” says John E.

How to become a patent lawyer?

To become a patent lawyer, you must complete the following: 1 The first thing to do when becoming a patent lawyer is earning your bachelor's degree in a field of science that has been accepted by the U.S. Patent and Trademark Office (USPTO). 2 To prove technical skills, candidates must submit a B.Sc. of chemistry, engineering, biology, or a related area. 3 After earning a bachelor's degree, the next step is to become an actual patent lawyer before completing a Juris Doctor (J.D.) program for an accredited law and graduation license. 4 You must complete the application described by the USPTO. 5 Once the application is approved and the patent lawyer passes the exam, they become a registered patent lawyer. 6 Those who have the necessary professional qualifications and pass the exam, but do not obtain a diploma, can still work in the same capacity as patent lawyers.

What is a patent lawyer?

A patent lawyer, also known as an intellectual property lawyer, represents people who wish to get a patent and be assigned a number of exclusive rights as an inventor. Patent lawyers: Prosecute and write patent applications. Advise and deal with infringement on patents and patent applications.

How much do patent attorneys make?

Patent attorneys earn between about $212,735 and $291,628 annually according to June 2020 data from Salary.com. The median annual salary for this type of lawyer is $253,324. The variance is based on experience, specialty, physical location, and other factors.

Do patent lawyers have experience?

Patent lawyers are certainly not plentiful. In fact, companies that choose to serve small businesses and individuals do not always offer the best service. Patent law firms often give them a junior patent lawyer with insufficient experience.

How many hours do patent lawyers work?

Most patent lawyers work a regular 9 a.m. to 5 p.m. Monday through Friday schedule, but overtime hours may be required .

What Is a Patent Attorney?

As a patent attorney, you work with clients to protect their inventions and intellectual property, ensuring that they have exclusive rights to it for a period. You may be asked to file patents with the U.S. Patent and Trademark Office (PTO) to protect your client’s right to market and manufacture a product.

How to Become a Patent Attorney

To become a patent attorney, you must first complete your high school education. You then must complete a bachelor’s degree. You can then take the Law School Admission Test (LSAT) and apply to law school for your graduate degree; some programs specialize in patent law.

Where Do Patent Attorneys Work?

Patent attorneys work in a variety of offices, both public and private. Some patent attorneys serve multiple clients, both businesses and individuals, as needed. Larger companies may have one or more patent attorneys on staff who work exclusively for their corporation.

What Is the Job Outlook for a Patent Attorney?

According to the Bureau of Labor Statistics, the field of law will continue to experience significant job growth in the near future. The BLS projects a 9% increase in demand for lawyers between 2016 and 2026, and patent attorneys should not be an exception to this growth. This rate is on par with the national average for all careers.

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What is a patent?

A patent is an exclusive right granted by the state allowing its owner to control commercial exploitation of an invention. The invention can relate to anything from computers and electronics to pharmaceuticals and gene sequences, provided that it is new and is not obvious.

What does a patent attorney do?

A patent attorney assists their client, or their employer, in obtaining a patent. This includes drafting the description of the invention and the claims, as well as communicating with the patent office to make the case for why a patent should be granted.

Anything else?

There is more to the job than just drafting patents and arguing with examiners. Patents are just one aspect of intellectual property; attorneys also need a good awareness of designs, trade marks and copyright.

What about other countries?

Patents are territorial – they only protect the invention in the country concerned. Many clients want their invention to be protected in many countries, and patent attorneys in the UK help with this.

What do you need to be a patent attorney?

A good science or engineering degree and broad-based interest in science and technology. Have you ever taken something apart to see how it works?

Why become a patent attorney?

Patent attorneys work in a unique space where law, commerce and technology all overlap. One of the really engaging aspects of the job is that you actively utilise both your scientific knowledge and your analytical reasoning every day.

What is a patent attorney?

A patent attorney helps clients throughout the entire process of getting a patent, from working with the inventor during the development process to filing the patent and defending it from intellectual theft after they file it.

How to 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 . This can provide the technical knowledge base for you to understand the patents you're going to be working with, ...

Can a patent attorney consult with a patent attorney?

A patent agent can consult on patent matters , but cannot provide legal advice. The terms patent agent and patent attorney are interchangeable in some places, so consider the context to make sure you understand what the terms mean in different settings.

What skills do patent attorneys need?

Patent attorney skills. A patent attorney may need a wide variety of legal and technical skills to understand and represent their clients' patents. These are some skills a patent attorney may use: Legal and scientific writing: An attorney creates patent applications, so they need to be fluent in legal and scientific language to describe inventions. ...

How long does it take to get a juris doctorate?

If you attend as a full-time student, the degree usually takes three years to complete, although part-time evening programs are available that can take four or five years.

How long does it take to get a masters degree in law?

These degrees usually take one year of full-time study to complete.

How much do patent attorneys make?

The average base salary for patent attorneys in the U.S. is $159,649 per year. The salary depends on your geographic area, your employer and your specialization. According to the U.S. Bureau of Labor Statistics, the projected growth rate for all lawyers is 4% between 2019 and 2029, which would mean 32,200 new jobs.

How to choose a patent attorney?

Without specialized knowledge, it's hard to tell who will be a good patent agent or attorney. However, here are a few tips to help you choose: 1 Find out how long the patent agent or attorney has been practicing, so you can see how much experience they have with patents. 2 Ask them about their background; it's helpful if they specialize in your invention's industry or field. 3 Make sure they are registered with the U.S. Patent and Trademark Office. 4 See if they have any certifications, and find out where they received training. 5 Look for referrals and reviews. 6 Check references, including a list of patent applications they have written in the past. 7 Ask for their price, which may be a fixed-fee quote for the job you need them to do. Armed with this information, you can make an educated decision on which agent or attorney to hire. 8 See how well they communicate with you and whether or not you can have a comfortable working relationship. This may be the most important consideration of all.

What is a patent agent?

Patent agents are people who have a great deal more education in terms of technical subjects and they likely possess a greater background in either science of engineering.

How long does it take to become a patent agent?

For most patent agents, it takes several years of training minimally to operate at an optimal level of competency. Make sure to speak to agents and ask about their experience before working with them. Ask questions about education, training after college, and practice.

Can a patent agent give legal advice?

Patent agents are not lawyers, and thus they cannot give any legal advice. Specifically, they cannot give legal advice when it comes to licenses and possible infringements on already licensed patents. Attorneys are the only people who can draft contracts and other documents like non-disclosure agreements.

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

In many cases, a patent attorney can be considered for all legal matters involving patents, trademarks, infringements, and other legal matters, while a patent agent can only assist with patent applications and filings.

Can a patent agent work for an attorney?

After reading about the comparison between patent agents and attorneys, perhaps you're considering this as a career choice. Patent agents have many opportunities. They may work in an attorney's office, or find employment at major corporations in their legal department. They can also work as independent patent agents or even work for the U.S. Patent and Trademark Office as a patent examiner.

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Overview

A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing patent applications and oppositions to granted patents. The term is used differently in different countries, and thus may or may not require the same legal qualifications as a general legal practitioner.

Qualification regimes

In Europe, requirements for practising as patent attorney before national patent offices should be distinguished from those needed for practising before the European Patent Office (EPO) or the Eurasian Patent Office (EAPO). On the national level, the requirements are not harmonized, although across the 28 Member States of the European Unionrespective professional qualifications ar…

Notable patent attorneys and agents

See List of patent attorneys and agents, including fictional characters who are patent attorneys.

See also

• European Patent Institute (epi)
• International Federation of Intellectual Property Attorneys (FICPI)
• Patent engineer
• Patent examiner

External links

• Australia
• Europe
• North America
• New Zealand
• Singapore

What Does A Patent Attorney do?

  • A patent attorney assists their client, or their employer, in obtaining a patent. This includes drafting the description of the invention and the claims, as well as communicating with the patent office to make the case for why a patent should be granted. Drafting the description and the claims requires a technical background in order to properly understand the invention and clearly …
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Anything else?

  • There is more to the job than just drafting patents and arguing with examiners. Patents are just one aspect of intellectual property; attorneys also need a good awareness of designs, trade marks and copyright. Knowledge of these other forms of intellectual property is necessary for qualification and attorneys are expected to be able to advise on technical and commercial probl…
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What About Other Countries?

  • Patents are territorial – they only protect the invention in the country concerned. Many clients want their invention to be protected in many countries, and patent attorneys in the UK help with this. The vast majority of UK Chartered Patent Attorneys are also qualified (by a set of rigorous examinations) to represent clients before the European Patent Office(EPO), which has the powe…
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Why Become A Patent Attorney?

  • Patent attorneys work in a unique space where law, commerce and technology all overlap. One of the really engaging aspects of the job is that you actively utilise both your scientific knowledge and your analytical reasoning every day. A lot of the job involves solving puzzles of one sort or another, which can require creative thinking and makes the job intellectually very stimulating. Th…
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