Alternate Careers: Patent Agents and Intellectual Property Attorneys

Posted in Career Advice

Times are tough for many in the legal profession these days. However, the demand for patent experts including attorneys and patent agents is skyrocketing. Openings for patent attorneys account for more than 15 percent of law firm job openings while only 3 percent of lawyers in the US specialize in this area. The bottom line: it is a great time to be a patent attorney or agent in today’s tough economy.

Not surprisingly, many patent attorneys (and agents) usually have a background in science or engineering. And, because of the scarcity of qualified applicants many law firms are doubling their recruiting spending to meet the growing demand for specialists in intellectual property (IP) and patents.

One of the reasons for the growing demand is passage of the America Invents Act, the largest overhaul in theUSpatent system in the past 60 years. The legislation which changes how patents are reviewed and process is spurring competition between firms to higher IP specialist to ease the transition pain. At present, there are over 230 IP openings among more than 1400 lawyer positions nationwide. Many of the openings have been unfilled for over 90 days and more are added daily.

Currently, there are about 40,000 patent attorneys and agents registered with the US Patent and Trademark Office (USPTO). In order to register with the USPTO agents and lawyers are required to pass the patent bar examination. While registered patent agents have taken and passed the exam, they are not lawyers who are required to pass state bar examinations to become licensed attorneys. For those of you who may not know, you don’t have to go to law school to take the patent bar exam nor is a law degree required to take individual state bar exams (however, person who are not law school graduate are likely not to pass the state tests). Patent agents can prepare patents and prosecute cases with the USPTO but cannot litigate in court or draw up contracts. There are roughly 1.2 million licensed patent attorneys in theUSaccording to the American bar association.

The greatest demand for IP attorneys and agents is in information and computing technology and the life sciences. Persons with PhD degrees in the life sciences can sometimes find work at IP and patent law firms. Also, you may be able to find work at a patent examiner with the USPTO! PhD degree holders who have passed the patent bar are even more desirable. However a law degree plus a PhD degree will almost certainly guarantee you employment at most IP firms. That said, before you decide to go to law school, I high recommend that you talk with IP professionals or read a few dozen patent applications (they can all be found at www.uspto.org) in your spare time. If you find the reading interesting or manage to stay awake after reading the fifth application than patent law may be a good choice for you. If not, I suggest that you consider other alternate career options.

Until next time…

Good Luck and Good Job Hunting!!!!!!