what it's like being a patent attorney

by Emilia Willms 10 min read

Being a patent agent means you can prosecute patents before the USPTO

United States Patent and Trademark Office

The United States Patent and Trademark Office is an agency in the U.S. Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.

after passing the patent bar exam. Realistically, you will only find a job as a patent agent if you have an advanced degree in a high-tech art field. Industry experience would also be a big bonus.

A Patent Attorney is a professional who investigates if inventions are new and suitable to be patented. An expert in intellectual property law, he/she analyzes technical documents and drafts detailed descriptions of novel inventions to file a patent application.

Full Answer

What is a “patent attorney?

Many attorneys call themselves “patent attorneys” when what they really mean is that they handle intellectual property matters and litigation, even though they are not on the roster of the “patent attorneys” as defined by the United States Patent and Trademark Office (which you can see at United States Patent and Trademark Office ).

How hard is it to become a patent attorney?

Remember, law school's job is not to prepare you to become a patent attorney, but an attorney. Which means, outside perhaps of 1-2 courses to help you pass the USPTO Bar exam, you will have almost zero exposure to the real world of IP law. Meanwhile, you probably need to study commerce law, constitutional law, family law, and many other

What is it like to work in patent practice?

In patent practice, sometimes there is fairly boring legal research, or stacks of sometimes poorly translated patents to read and understand. BUT, in my work, I also get to talk with engineers on the CUTTING EDGES OF TECHNOLOGY (by definition), and have them talk to me, i...

What is the value of a patent attorney?

That $100,000 worth of “value” is created by a week’s worth of work by a patent attorney, and the patent attorney’s “value” created on a yearly basis is somewhere near $5M.

image

Is becoming a patent lawyer worth it?

However, going to law school and passing the bar exam leads to an even more lucrative career as a patent attorney. Patent attorneys typically earn more than $133K a year, while the median salary for careers in engineering does not pay anything comparable to that amount unless you are an experienced petroleum engineer.

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.

Is patent attorney a stressful job?

Stress may come in the form of long working hours, demanding clients, and tight deadlines, but that is true for any law firm. You may enjoy the job aspect where you interact with clients and their creative ideas, discussing their invention, and researching the likelihood of successfully attaining a patent.

Is patent agent a good job?

Patent agents have good job prospects. With a growing population and advancement in science and technology, as well as the rise in inventions, employment opportunities for patent agents will eventually increase.

What is the highest paid lawyer?

Highest paid lawyers: salary by practice areaTax attorney (tax law): $122,000.Corporate lawyer: $115,000.Employment lawyer: $87,000.Real Estate attorney: $86,000.Divorce attorney: $84,000.Immigration attorney: $84,000.Estate attorney: $83,000.Public Defender: $63,000.More items...•

Is IP law a good field?

The intellectual property field is among the most important legal fields in the United States because the involvement of intellectual property attorneys has been integral to the expansion of the economy in this country. The most demanded specialty of intellectual property law is patent law.

Are patent agents in demand?

Patent agents are in high demand as individuals and corporations continue to formulate new ideas and inventions. In an increasingly technology-based society, there's an influx of inventions and the need to secure them as one's intellectual property. Patent agents' opportunities for career advancement are good, as well.

What does patent attorney do?

Specially trained in drafting patents and with knowledge of intellectual property law, patent attorneys lead individual inventors or companies through the required process to obtain a patent and then act to enforce inventors' rights if patents are infringed.

How do I start a career in patent law?

Individuals who want to become a patent agent need to pass the patent bar exam. You do not need a law degree or legal training to take the patent bar: all you need is a bachelor's degree in science or engineering (for more information, click here and here).

What is the difference between a patent agent and attorney?

In one sentence: The difference between patent attorneys and patent agents is that patent attorneys (who are also patent agents) are licensed lawyers and can practice in court and give advice in all business related legal matters, while patent agents have only passed the Patent Bar Exam and are registered to practice ...

What is a career in IP law like?

IP Law: Job Duties Intellectual property lawyers counsel their clients on establishing and protecting intellectual capital. Most IP law practices handle matters such as patents, copyright, trademark law, licensing, franchising, distribution, technology transfers, and trade secret projects.

What does patent attorney do?

Specially trained in drafting patents and with knowledge of intellectual property law, patent attorneys lead individual inventors or companies through the required process to obtain a patent and then act to enforce inventors' rights if patents are infringed.

What is Cravath scale?

Lawyers working in Biglaw are generally paid on the Cravath scale, which is a system of lockstep associate compensation based on the number of years out of law school and paid to New York lawyers working at Cravath.

What careers are available in intellectual property?

Intellectual property (IP) encompasses patents, trade marks, copyright and designs.

What is a patent attorney?

A patent attorney is somebody who has a specialised qualification to assist in obtaining patents and acting in all matters relating to patent law. The profession is a protected title and only people who have passed all of the exams can call themselves patent attorneys.

What areas can a patent attorney work in?

I work for a private practice firm but you could also work as an in-house patent attorney for an organisation. Large chemical, pharmaceutical and engineering companies tend to have their own patent departments.

What does drafting a patent application involve?

Drafting a patent application is a big part of the job. The most important part of the patent application is the section that contains the claims. The claims define the subject matter for which you’re seeking patent protection. A patent attorney needs to claim the invention as broadly as possible to give the client the widest scope of protection.

What is working life like for a patent attorney?

As a trainee, you’ll be working in a team and your work will be supervised by a qualified patent attorney, but once you’re qualified you will need less supervision and there will be quite a bit of independent work.

Will a patent attorney need to travel?

The EPO has headquarters in Munich and The Hague so most European patent attorneys will need to travel to attend hearings. For me, attending these hearings and successfully obtaining a patent or defending or opposing a patent is one of the best parts of the job.

What does a patent attorney do?

A patent attorney usually does one or both of the following: (1) writes patent applications for inventors, which involves corresponding with Examiners at the U.S. Patent and Trademark Office; or (2) litigates, which involves representing a party against an opponent in court.

What are the disadvantages of being a patent attorney?

One of the biggest disadvantages of being a patent attorney is that you cannot really help people. This may sound absurd, but it is a strange artifact of the attorney/client relationship. The attorney/client relationship is a very powerful and strong bond that means your attorney will do whatever you ask.

What happens if a patent attorney suggests a course of action?

If the patent attorney suggests a course of action and the attorney is wrong, that attorney is liable for all the (theoretical) profits you would have made. Take for example an inventor who has a crazy idea. You know the idea is dumb, so you tell the inventor and he walks away dejected and abandons the idea.

What does it mean to work for the Patent and Trademark Office?

If you work for the Patent and Trademark Office ("PTO"), generally as an Examiner, you participate in determining whether an invention is entitled to a patent. You could also work as a "Patent Attorney", which would involve attempting to obtain a patent for an invention.

What is the role of an examiner in patents?

Examiners are the gatekeepers of the patent system. Their primary role is to keep out inventions that don't meet the many requirements of the law.

What does an attorney do when an invention is rejected?

The attorney will then recommend one or both of the following to the inventor: (1) amending the invention specifically to get around the rejection; or (2) narrowing the scope of the invention in general. The second one involves letting go of the some aspects of the invention and focusing on just a few of its features.

Can a patent agent represent a client?

And they have to study the patent rules and the patent laws, and how the patent office works, a patent agent is permitted legally to represent patent clients in preparing and filing patent applications and then prosecuting them through the examination process in the patent’s office to obtain an issue. Continue Reading.

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, ...

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 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.

What is technical knowledge in patents?

Technical knowledge: Many patents are highly specific and detailed, as inventors constantly develop new ideas and variations on older concepts. A patent attorney must be able to understand these inventions, and other inventions, to identify even the smallest difference.

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 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.

i have got 2 questions about murder trials

I have been playing phoenix wright. visual novel games where you play as a defence attorney and you have to prove in court that your clients did not commit murder.

Most rewarding victory

What's the most rewarding victory you've had? This can include cases where a client pleads guilty but you were able to secure a good deal for them.

What's the dumbest thing you've heard your defendant said in court?

Anyone may post questions; only lawyers may post answers in comment sections. Questions may relate to current events or general curiosity. Legal advice about your specific situation is forbidden. (See rules and sidebar before posting).

What is the equivalent of going to a top 14 law school?

Because we all know that when it comes to reaching the summit of the legal mountain — where all the good entry-level (and later) opportunities are — going to a top-14 law school is the equivalent of coasting up the mountain in a climate-controlled high-speed gondola.

Is patent law a lonely profession?

Law can be a lonely and difficult profession, and there are definitely times where the best advice we can give someone is that it probably isn’t the profession for them. But when someone has what it takes to advance to the next step towards a career in patent law, it is our job as patent lawyers to share some encouragement and a dose ...

image