what does a patent attorney lawyer do

by Alaina Swift 3 min read

The main duties include:

  • A patent lawyer handles the management of intellectual property (monitoring deadlines, payment of fees, etc.).
  • A patent lawyer handles prosecution and defense of violations against an intellectual property attack (in collaboration with legal experts).
  • A patent lawyer can assess the intellectual property rights of third parties and mitigate risks.

More items...

Understanding Patent Attorneys
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.

Full Answer

What are the disadvantages of being a patent attorney?

  • When you apply for a patent you have to make your invention public. ...
  • Getting a patent can cost a lot of money. To get a decent patent, you have to pay someone to write it, pay more to respond to the USPTO rejections, ...
  • Getting a patent takes a lot of time and organization. ...

What are the requirements to become a patent lawyer?

Steps to Become a Patent Attorney

  • Be a United States Citizen or Legally Reside in the United States
  • 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. ...

What is the average salary of a patent lawyer?

These charts show the average base salary (core compensation), as well as the average total cash compensation for the job of Top Patent Attorney in the United States. The base salary for Top Patent Attorney ranges from $220,373 to $302,105 with the average base salary of $262,417.

How do I become a patent lawyer?

Part 1 Part 1 of 2: Meeting General Requirements

  1. Have US citizenship or reside legally in the US. To register with the USPTO, one must be either a U.S. ...
  2. Complete an undergraduate degree in a scientific field. To register with the USPTO, one must possess the necessary scientific and technical training.
  3. Complete scientific coursework equivalent to an undergraduate degree in a scientific field.

More items...

image

What does a patent lawyer do on a daily basis?

1:1417:47Patent Attorney Day in the Life: What do Patent Attorneys Do? - YouTubeYouTubeStart of suggested clipEnd of suggested clipProcess they file the patent applications. And there's a big examination. Process at the uspto. AndMoreProcess they file the patent applications. And there's a big examination. Process at the uspto. And it's much like a negotiation. You you file the application it waits in line for one to three years.

Is being 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.

Are patent lawyers 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.

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...•

What type of lawyer makes the most money?

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.

Do I need a PHD to become a patent attorney?

A degree in a science, engineering, technology or a mathematics based subject, or equivalent, from a recognised institution is strongly preferred. Most firms also require at least a 2:1 in a first degree.

How long does it take to qualify as 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 undergraduate degree is best for patent law?

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.

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.

Is the patent bar hard?

Despite being an open book exam, the patent bar exam is one of the toughest in the country, with less than 50% passing since 2013. Many students put in additional hours post-course of study but still feel like they're ill-prepared and nervous on exam day.

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 does a patent lawyer do?

This type of attorney specializes in obtaining protection for your intellectual property (IP). He or she will examine the invention, guide inventors through the patent application, and actually obtain a patent on the invention.

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.

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 .

Do lawyers know patent law?

In fact, most lawyers do not know about patent law. A successful business should always hire a lawyer who specializes in patent law, and they should avoid compromising quality by doing so. The main responsibility of patent lawyers is to execute the patent rights of the client.

Can a patent lawyer work in the same capacity as a patent lawyer?

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.

Does law school help with patents?

Law school alone does not provide enough understanding of how to formulate a patent application. Just because a person has passed the bar does not mean that they know how to write a patent application. Patent lawyers work in the special field of intellectual property law and specialize in patents.

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.

Patent Application Drafting

Drafting patent applications is what most people think about when they think about a patent attorney. And with good reason. This phase of a patent application is crucial. The language used in a patent application and the patent claims must be carefully crafted.

Dealing With the Patent Office on Your Behalf

One of the most important roles a patent attorney plays is dealing with the patent office on your behalf. The patent office has thousands of patent examiners whose job is to find things wrong with your application and patent claims.

Providing Business Advice and Intellectual Property Protection

A patent attorney regularly deals with other inventors and other technical fields and can counsel you on both the strength of your patent and how you can maximize the benefit of your invention.

Are You Employed Somewhere? Anywhere?

If you work for a company, there is a good chance your employment agreement states that your employer has the legal rights to any intellectual property you develop.

Are You Married?

It may sound a bit odd, but you really need to consider how your patent will be owned if you are married. A patent has ownership similar to other types of property. If you obtain a patent and subsequently get divorced, the patent is likely to be considered a marital asset, regardless of whether your spouse had anything to do with the invention.

Defending Your Patent Against Infringement

Once a patent is granted, it must be protected against infringement. Competitors will try to sidestep the claims of your patent or will outright copy it. When this happens, a patent attorney will act on your behalf to enforce the patent, including filing appropriate lawsuits.

The Filing of the Patent Application

The patent attorney’s firm handles submission of the completed patent application to the USPTO. Eventually, the application will be reviewed by another lawyer who works at the USPTO as an Examining Attorney. It’s the examiner’s job to decide on the patentability of the application.

Patent Attorneys Fight Infringement

Intellectual property lawyers who litigate are adept at enforcing patent rights with all of the means at their disposal. This may include filing lawsuits when someone else infringes a patent holder’s rights. Not all of these cases actually make it to the courtroom.

Do You Need a Patent Attorney?

Obtaining patent protection requires knowledge of an array of technical and legal factors. This is why it is generally recommended that inventors work with a patent attorney when it is time to protect their invention.

What can a patent attorney do?

Patent attorneys can help you complete, file, and prosecute your patent application. They can also represent you in a courtroom on any related or unrelated matter. Ask Family, Friends, and Co-workers.

What is the job of a patent lawyer?

The job duties of a patent lawyer are to assist inventors and applicants in obtaining patents from the USPTO. Patent lawyers represent individuals who are seeking to obtain a patent to protect their invention. Patent lawyers’ day to day includes writing patent applications, prosecuting them, and counseling those seeking patents.

How do patent attorneys help clients?

Once a patent has been issued or granted by the patent office, patent attorneys help clients enforce their patents by suing parties that infringe upon them. Inventors patent their inventions because a patent allows them restrict others from using, making, and selling their invention for a limited period of time.

What is patent law?

Patent law is a specialized area of intellectual property law, finding an attorney that is competent in the field of your inventions can do wonders for the type of IP protection you’re looking for.

How do I become a patent lawyer?

In the United States, to become a patent lawyer, an individual must attend and complete law school, they must take the general bar exam in their respective state, and they must also pass the patent bar exam.

How to protect a patent?

To protect a patent, you will need to find a patent attorney that specializes in the field of your invention. For example, if you have developed a medication that you want patent, you will have to find a patent attorney that specializes in patenting pharmaceuticals.

What is IP law?

Protecting your intellectual property (IP) in today’s day and age is more important than ever, making finding a decent patent lawyer the best thing you can do to protect your invention, process, or design. Patent law is a specialized area of intellectual property law, finding an attorney that is competent in the field of your inventions can do ...

Do patent attorneys make a lot of money?

Salary.com says the average Patent Attorney makes $223,222 a year. This profession is No. 4 in CNN Money’s list of Top-paying jobs with a range of $175K to $260K per year.

Do patent attorneys go to court?

IP lawyers play a variety of critical roles related to the protection of intellectual property. In some capacities they act as advocates representing clients in court proceedings. … Or it may be as complex as filing a lawsuit and, if a settlement is not reached, going to court to resolve the matter.

Is patent lawyer a good job?

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.

Is patent law 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 the patent bar exam hard?

Despite being an open book exam, the patent bar exam is one of the toughest in the country, with less than 50% passing since 2013. Many students put in additional hours post-course of study but still feel like they’re ill-prepared and nervous on exam day.

Do you need a PhD to be a patent attorney?

In order to become a patent attorney, a science or engineering degree is required. This is a requirement set by the Professional Standards Board for Patent and Trademark Attorneys. It is also very helpful to have a PHD.

What type of lawyer gets paid the most in Australia?

According to SEEK, the type of lawyer that earns the most money is a Generalist In-House Counsel, with an average salary of $128,988. They are closely followed by Building and Construction Lawyers who earn an average annual salary of $124,041.

How long does it take to become a patent attorney?

The timeline can vary depending on your individual schedule and time commitment. Becoming a patent attorney usually takes about seven years. You'll dedicate four years to pursuing an undergraduate degree followed by three years of law school for a J.D.

What is the passing rate for the patent bar exam?

It is an open-book examination but does require much studying, preparation and focus. The patent bar exam typically has about a 50% passing rate.

How much does the patent bar exam cost?

It is a computerized exam with a $40 application fee, a $200 registration fee and a $150 service fee.

What is the projected job outlook for patent attorneys?

The Bureau of Labor Statistics does not have specific data for patent attorneys, but predicts the career growth for all lawyers will grow by 6% between 2018 and 2028. This is about the average rate for all professions.

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

A patent attorney has attended law school, earned a Juris Doctorate (J.D.) andis licensed to practice in open court. On the other hand, a patent agent is not a lawyer and cannot offer legal advice on such issues as licensing or infringement.

Patent Attorney Career Path

Learn how to become a Patent Attorney, what skills and education you need to succeed, and what level of pay to expect at each step on your career path.

Patent Attorney Insights

Read what Patent Attorney professionals have to say about their job experiences and view top companies for this career.

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.

image