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Patent Agent Experience Can pre-law school patent agent experience compensate for class and school ranking when seeking an IP position?
Question
classmates. It is important to mention, one of the reasons
Before entering law school next Fall, I will have a year of high-tech patent prosecution
While there are certainly differences that
your background is valuable is that it makes
experience as a patent engineer. How much
could be pointed out, for the most part the
you eligible to sit for the Patent Bar. In order
will this experience benefit me when seeking
expertise of patent attorneys falls into the
to even sit for the Patent Bar, an applicant
an IP/Patent associate position with the big
following categories: (1) the life sciences,
needs prior scientific or technical training
firms? Can it make up for not being top of my
(2) chemistry & pharmaceutical, (3) mate-
at the Bachelor’s degree level in a science
law school class or not being from a top 25
rial science, (4) electrical engineering, (5)
or engineering field (or significant college
law school?
physics, (6) mechanical engineering, (7)
credits in one of these fields). Assuming you
medical devices, (8) computer science. In
have the requisite training to qualify to take
Answer
terms of demand, the greatest demand is for
the Patent Bar, you must also pass it, and the
Your experience as a high-tech patent pros-
attorneys with backgrounds in electrical en-
pass rate for the patent bar exam is much
ecutor will certainly strengthen your applica-
gineering or computer science. There is also
lower than for most bar exams - it typically
tion and should compensate for the fact that
a strong demand for attorneys with biotech-
ranges from 28% to 40%. In the 1996 exam,
you have not graduated from a top 25 law
nology, biochemistry or organic chemistry
for example, 968 people passed, and 1794
school or at the top of your law school class.
backgrounds. The lesser demand is for those
failed. Your engineering background and
Patent prosecution attorneys are typically
with mechanical or chemical backgrounds.
prior patent prosecution background will certainly help your chances of completing the
in high demand, and the pool of attorneys with the appropriate technical background is
The fact that you appear to have both a
exam successfully. Once you pass the Patent
small. Your background will likely make you
technical degree and patent prosecution
Bar, you will have all the elements in place to
eligible to sit for and increase your chances
background, when coupled with a law degree,
have a successful law firm career.
of successfully completing the Patent Bar.
makes you a unique and highly desirable candidate for law firms. While there are
I did notice that your question assumes that
Attorneys with scientific undergraduate or
certainly many people who graduate each
you will not be at the top of your class in law
graduate degrees are highly in demand in
year with technical and science degrees, very
school, even though you haven’t started.
the intellectual property arena. Moreover,
few of these people may have any interest in
Although you will likely be a marketable
attorneys with technical expertise in certain
attending law school because there is usually
attorney, graduating at or near the top of
scientific fields are far more likely to obtain
a good market available for these individuals,
your class will dramatically improve your
employment as a patent attorney than those
even without a law degree. Therefore, you
opportunities with top-tier firms. I strongly
without such expertise. As a result, the pool
will be a fairly unusual commodity with a law
encourage you to focus on your performance
of potential candidates for patent positions
degree. Additionally, the demand for patent
in law school. Although you may still be quite
is particularly small. To top that off, your
attorneys is compounded by the fact that the
successful without stellar grades, graduating
technical experience as a patent engineer
need for patents has continued to increased
at the bottom of your class may be a signifi-
will provide you with the technical know-
dramatically. For example, a recent article
cant hurdle for your success, especially with
how to understand the technical intricacies
in the Legal Times stated that the number of
respect to opportunities early on.
of patent prosecution, infringement and
patents issued each year has increased 30-40
negotiating and drafting tech-related licens-
percent since 1990. During the same period
In conclusion, it seems as though you have
ing agreements and briefs. This puts you at
of time, the number of software patents
all the pieces you need to begin law school
an advantage over many of your law school
increased by approximately 200 percent.
and do well throughout your career. I recom-
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