why become a "patent lawyer" "patent attorney"

One element that should definitely convince you to become a patent attorney is the aspect of being able to apply scientific knowledge based on the perspective of the law. You get to be on both sides of the coin in that you get to view and review scientific knowledge while blending it with what the law stipulates concerning the same.

Full Answer

What does a patent attorney do?

 · Working as a patent attorney also allows you to play help people protect their inventions and ensure that they benefit financially from their work. The fact that you will be helping people realize their dreams and bring their inventions to market eventually will offer you a lot of satisfaction. Unsaturated market

Is being a patent attorney a good career choice?

 · The patent lawyer evaluates the utility, novelty and obviousness of the invention, and based on that evaluation and other business and technical considerations, advises the client as to whether a patent application should be filed on the invention.

Do you need a PhD to become a patent attorney?

 · Here is a breakdown of the amount of time that it could take an individual to become a patent attorney: Obtaining a Science or Engineering Degree (4.5 years) Preparing for and passing the LSAT (6 months) Complete Law School (3.5 years) Preparing for and passing the patent bar exam (6 months)

Should Inventors choose a patent agent or 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 ...

Why have a career in patent law?

Careers in patent law offer good -- that is, usually interesting and well remunerated -- job opportunities. Although becoming an attorney requires additional training, long-term career prospects are often much better than, say, those of becoming a faculty member at a research-intensive institution.

Are patent attorneys hard?

It is quite hard to become a patent attorney, but it's not impossible. You have to be someone who can sit down for long hours to study and prepare for your examinations.

Is being a patent attorney stressful?

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 attorney competitive?

Entry to the patent attorney profession is highly competitive. We and other firms do receive many more high-quality applications than we have places to offer.

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 becoming a patent agent worth it?

Job Prospects, Employment Outlook, and Career Development It is possible to become a patent attorney from a patent agent. In addition to starting their own IP law firms, they can also become attorneys. It is very rewarding and prestigious to pursue a career in patent law.

What does a patent attorney 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.

What attracts you to the patent profession?

One of the things that attracted me to the patent profession was the opportunity to work in a wide variety of technological fields, and it has certainly not disappointed. The nature of the profession means that you are learning about new technology on a daily basis.

Do I need a PhD to become a patent attorney?

No, a PhD is not generally required to become a patent attorney.

Do I need a Masters to be a patent attorney?

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. The role of a patent attorney involves advising clients on those areas of law applicable to intellectual property.

Are patent attorneys smart?

Patent attorneys are extremely intelligent. The ability to get advanced science and engineering degrees is something very few attorneys could do. The ability to get good grades in these disciplines is also something that is extremely difficult to do.

What does a patent attorney 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.

Is taking the patent bar worth it?

If you're currently working as an engineer, gaining a patent agent designation will only help your resume stand out. So by passing this exam, you may be able to find more work as a scientist or engineer and to find it faster. In addition, passing the patent bar exam may help you in your current position.

Which is better a patent agent or patent 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.

What do patent lawyers 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.

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.

What is the background of a patent attorney?

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

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.

Do you have to have good moral standing to practice law?

If you thought that you only had to have good moral standing to practice law in your state, you’re mistaken. The USPTO also requires those seeking to register with the USPTO to have good moral standing. That is, an individual must not have engaged in dishonest behavior or convicted of a crime that requires dishonesty, such as a conviction for fraud. That said, if you are an attorney and you’ve been disbarred or subject to disciplinary action, the USPTO may deny your application to register for not having good moral standing.

Can you practice patent law?

If you can satisfy any one of the following criteria, the patent office may allow you to practice patent law:

Can a patent attorney work from home?

The short answer is: yes, patent attorneys can work from home. Patent attorneys spend much of their time drafting and preparing patent application, this is definitely something that a patent attorney can do from home.

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, ...

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

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

How to send documents to USPTO?

Send documents to USPTO: Send the relevant transcripts from your scientific or engineering study, and a completed application form, proof of citizenship or Visa status.

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.

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.

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.

What is patent attorney?

A patent attorney is a person who has gone to and graduated from law school. This person has passed the State Bar exam as well as the USPTO exam. Both are registered with the USPTO and can prepare, file, and execute applications for patents on behalf of individuals or clients.

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 attorney file a patent?

Make sure your patent agent or attorney is a registered practitioner. If they are not, they will not be legally allowed to file a patent. Just because a company advertises its ability to assist with obtaining a patent, do not assume its agents are registered.

Do patent attorneys charge a fee?

Although a patent attorney can handle a wider range of tasks, for most inventors' needs, it won't matter if they choose a patent attorney or patent agent. A patent agent may not charge as high a rate, however. Therefore, the most important considerations are their experience, training, and skill.

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.

Do patent attorneys go to law school?

There are a wide variety of patent attorneys who actually start as patent agents and then go to law school to become patent lawyers.

Can a patent agent be a lawyer?

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. The lawyers are the ones who can represent clients during legal proceedings that involve the state or federal court system.

What do you do with patents?

You write and prosecute patents, do intellectual property law (transactional), or do patent litigation (generally in federal court, lots of fun.)

How much does a patent attorney make?

The market rate for a patent attorney is usually between $225 - $500, and if you're really good and experienced in a specific field, I've seen an hourly rate of $900 per hour and the guy is never short of work because he's that good.

How to get a good reputation as a paralegal?

The most common way is to get a good reputation with one or more good clients and hire hard working associates to work very long hours for you and pay them 30–40 percent of what you bill the clients for their work. You also need to have a good system to train the associates and review their work as well as a top notch paralegal staff to do much of the heavy lifting. You then give the associates somewhat generous pay increases over time and keep them working hard with the possibility of becoming a partner after 5–8 years if they bring in considerable business into the firm and bill lots of hours at progressively higher rates (to maintain the 40 percent ratio).

How to become a partner in a law firm?

Yes. The most common way is to get a good reputation with one or more good clients and hire hard working associates to work very long hours for you and pay them 30–40 percent of what you bill the clients for their work. You also need to have a good system to train the associates and review their work as well as a top notch paralegal staff to do much of the heavy lifting. You then give the associates somewhat generous pay increases over time and keep them working hard with the possibility of becoming a partner after 5–8 years if they bring in considerable business into the firm and bill lots of

How many hours does a lawyer work?

If you work at a law firm, then expect a full time work of at least producing 1800 billable hours, which is probably equal to 2400 actual work hours (see this link for a better detail of lawyer billable hour work: The Truth about the Billable Hour)

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.

Do corporations have patent attorneys?

Many corporations have their own in-house patent attorneys, though they will all use outside counsel, especially for litigation.

Who is better, a patent attorney or a patent agent?

Who is better, a Patent Agent vs Patent Attorney? In many cases there is no winner as both patent agents and patent attorneys can handle most everything that is needed to write and file a patent with the US Patent Office (USPTO). For about 95% of all inventors choosing either a patent agent or a patent attorney should not matter, however, as shown in the table below, patent attorneys are able to do a few things which patent agents cannot. Warning: Only these patent agents and patent attorneys called "registered practitioners" are legally allowed to file patents for inventors and companies ( Tip: make sure you look people up here to see if they are registered: https://oedci.uspto.gov/OEDCI/ ). As you may have seen online, there are hundreds of companies advertising to help you with your patent but very few of them will actually tell you if they are a registered practitioner so please be careful.

Can a patent attorney handle a patent?

The table above shows a quick summary of a patent agent vs a patent attorney. As you can see, both agents and attorneys can handle all matters related to writing and filing a patent. In most routine patent matters it should not make a difference if you hire a patent agent or patent attorney. However, if you need legal advice on enforcing your patent or if someone is threatening you with their own patent you will certainly need a patent attorney and not a patent agent at that point in time.

Can a patent attorney write for you?

Since we have already learned that both patent agents and patent attorneys can write and file patents for you, how do you choose? It is very hard for the average person to know who is a good patent agent and a good patent attorney. It would be like me trying to choose who the best doctor is for an upcoming surgery, there is not an objective way to measure this. With this in mind, there are a few things you can look at:

What does a patent agent do?

As a patent agent, you will not have much, if any, the opportunity to work with your hands. You will spend most of your day drafting patent applications and overcoming rejections to help your clients get their inventions patented.

What is the job description of a patent agent?

Patent Agent Job Description: Typical Work Environment. As an engineer, your day-to-day activities probably include both working with your hands and on a computer. You may also attend meetings and communicate with members of your team or, at minimum, members of management.

How many years of experience do you need to be a patent agent?

When you research patent agent job openings, you will notice that many hiring managers request that candidates have two years of experience in the patent field. However, since almost all employers in any field prefer candidates with experience, don’t let your lack of experience present a deterrent.

Is it worth taking the patent bar exam?

But if you compare even the six months of study typically necessary to pass the patent bar to the four years it takes to earn a college degree, it’s well worth it. Taking the exam appears especially attractive when you consider that it gives you the opportunity to obtain employment in an entirely new career field that likely pays more than your current position.

How long does it take to pass the patent law exam?

However, most people spend somewhere between three to six months preparing for the exam.

How many questions are asked in the patent bar exam?

The Patent Bar Exam. The patent bar exam is a 100-question , six-hour, multiple-choice exam. It covers details from the Manual of Patent Examining Procedure (or MPEP), which outlines all aspects of patent law.

Who do you need to communicate with to get a patent?

In addition, you will need to communicate directly with the inventor of those inventions for which you are actively trying to acquire a patent. These can be individual inventors or a group at a company, which may be an engineering company similar to the one where you currently work, or at a university.