why become a "patent lawyer" "patent attorney"

by Mr. Jadon Rice 8 min read

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.

They may also challenge a patent on behalf of their employer. Patent lawyers are skilled in their areas of knowledge, and they are often in high demand for their expertise. Patent law may be personally and financially rewarding for attorneys who qualify to specialize in the niche area of law.

Full Answer

What does a patent attorney do?

The lawyers are the ones who can represent clients during legal proceedings that involve the state or federal court system. There are a wide variety of patent attorneys who actually start as patent agents and then go to law school to become patent lawyers.

Is being a patent attorney a good career choice?

As a patent attorney, you are sure to have a challenging yet rewarding career. Patent attorneys are arguably the most hardworking individuals since the trick is in the details of what they do. This means care has to be taken with every step taken which makes the whole process challenging.

Do you need a PhD to become a patent attorney?

Fortunately, no you do not need a Ph.D. to become a patent attorney, however, you must have a science or engineering background and you must complete a bachelor’s degree, as well as pass the patent registration exam to become a patent attorney. We covered the requirements to become a patent attorney in more detail above.

Should Inventors choose a patent agent or a patent attorney?

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.

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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.

Why do you want to go into patent law?

The Pros of Patent Law Working in patent law allows you to learn about different inventions across all fields of science and engineering, unlike in a laboratory or academic career where you become an expert in one subfield of science and devote most of your career to it.

What is the main purpose of patent attorneys?

The patent attorney is the central point of contact for the legal protection of industrial property rights. Patent attorneys advise clients on inventions, designs, trademarks, know-how as well as on how to protect software products and plant varieties.

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 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.

Why are you interested in intellectual property law?

In sum, it's worth attending to IP law today for at least three reasons. First, it is emerging as a key influence on both our economy and our society. It sets the terms of access to (and development of) all kinds of things that matter to our politics, our society, and our individual life chances.

Is it hard to become a patent attorney?

To qualify it takes on average five years... there are a series of exams you'll have to take and the pass rates are pretty low so they are hard! But obviously passable and the more you pass the higher your salary becomes.

What is the highest paying attorney job?

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 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 patent law a good career?

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.

What is the difference between a patent lawyer and a patent 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 ...

Is a patent attorney a lawyer?

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.

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.

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.

What is the background of a patent attorney?

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

What major do I need to become a patent lawyer?

Here is a list of majors that the patent office wants to see applicant have: Biology. Chemistry. Physics. Engineering. Computer Engineering. Electrical Engineering. Microbiology.

What education do I need to become a patent attorney?

Required Education and Background to Become a Patent Attorney. According to the USPTO, to become a patent attorney an individual is required to have a degree in science or engineering , however, there is an exception to this rule. If you don’t have a bachelor’s degree in a subject other than the subjects we covered, ...

How many hours of physics do I need to become a patent attorney?

If you can satisfy any one of the following criteria, the patent office may allow you to practice patent law: Complete 24 hours of physics courses required to obtain a physics degree, or. Complete 36 hours in a combination of courses: 8 semester hours in chemistry. 8 semester hours of physics. 24 semester hours in biology, botany, microbiology, ...

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.

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.

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.

Why are patent attorneys called patent attorneys?

Patent agents may also be referred to patent attorneys due to a more diverse background.

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 an experienced patent agent?

Experienced patent agents are individuals who can capably prepare patents in a complete manner. This is true of attorneys as well, and who is better really depends on the experience held by the individual when it comes to the work and assistance they can provide you.

How are patent attorneys and agents similar?

Patent attorneys and agents are similar in a lot of different ways. Both of these professionals can prepare, execute, file patent applications with the USPTO. The main difference between these two individuals is the larger capacity for them to be able to practice law.

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.

Where can a patent attorney practice?

Patent attorneys are able to practice at the U.S. Patent and Trademark Office. Additionally, they can practice in court. They can advise individuals in relation to contracts, and they can be involved with trials involved patents and trademarks.

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.

Patent Agent vs Patent Attorney

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.

So who is better, a patent agent vs patent attorney?

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.

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Why do you need a patent agent?

In theory, as a patent agent, you can likely help protect many more inventions than you probably ever would as an inventor or engineer. You’ll also have the opportunity to be on the cusp of innovation and creativity in your chosen field.

How much do patent attorneys make?

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. If so, you may earn that much, but with experience in that specific engineering field, you may clear well over the median salary ...

How long does it take to get a patent bar?

The material is difficult, as are the exam questions. 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.

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.

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.

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.

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.

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