Patent Agent Career Guide and Counseling

Question: What is a day in the life of a Patent Agent like? I am a recently graduated ME that is intrested in pursuing a career as a Patent Agent and a possiblity of continuing my education in Law to ultimatly practice as a Patent Attorney. Any Do's or Don't would be greatly appreciated!

Answer: I am a patent attorney in solo practice. I basically do what a patent agent does except I also advise clients. My day typically consists of reading (mostly patents and technical literature) and writing (mostly various PTO filings and memos to clients). I also spend some time corresponding with clients, and doing administrative and marketing stuff. And reading to keep up on changes in the law. It is a very interesting and rewarding area of law. A patent attorney I knew once said that a patent attorney has a finite number of patents they can write in a lifetime. This may be true... it is very demanding and can be a brain-drain. Good luck.

Question: What education and aptitudes should a patent agent posess in order to be excellent at their job? And what is the competition like for patent agent positions vs. patent attorney positions?

Answer: Are you in the US? If so, at a minimum, your education should fulfill the requirements to take the USPTO registration examination (commonly referred to as the "patent bar"). If you cannot fulfill these requirements, then you cannot become a registered agent/attorney. This will make finding a job difficult. As far as excelling at the job, I don't think there's a standard answer to that question. It really depends on what you mean by being "excellent." Are you talking about becoming the highest biller at your firm? Are you talking about building your own clientèle? Are you talking about writing patent applications that withstand litigation scrutiny? As a general matter, I think good oral and written communications are the most important. As far as competition goes, I'm not sure there's any more competition for agent jobs than attorney jobs. In both cases, the market can be competitive depending on your education level, experience, location, and technical area. A substantial barrier of entry to many firms, especially larger ones, is grades. With good grades, I think there are many more options from which to stand out from the competition.

Question: What do you know about being a patent agent? My husband is talking about going into patent law, but is thinking about getting a patent agent license first. He has a degree in Mechanical Engineering and is highly intelligent, so getting the license isn't really an issue. I am curious about what opportunities there are out there. Any information will help. Thanks

Answer: As you may know, Patent Law falls under Intellectual Property Law which is becoming more important due to the need for protection of ideas domestically and abroad. As a result, workers in this field are constantly in demand. As of this moment, the United States' Patent & Trademark Office is in a shortage of patent examiners to inspect the huge backlog of patent applications. It is a good idea to get a patent agent license and then go to work at a law firm. Many choose to go to work directly for the USPTO to get the experience necessary. The pay and benefits are excellent. For example, they offer sign on bonuses, free childcare, free gym, law school tuition....etc. The only "bad" thing is that you will have to relocate to the Washington DC area b/c it is where their only office is located. On the other hand, you will not need to get a license b/c the USPTO will train you. A bachelor's in ME is all you really need. Check out the sites. Hope that helps.

Question: If I don't have the technical background, what is the quickest way to become a patent agent? I have been looking into becoming a patent agent and apparently you need to either be a lawyer or have a background in some physical science. I am an Industrial designer, but don't think that will be close enough to qualify me. What are my other options? An which are the quickest?

Answer: Generally you need a 4 year degree in engineering or one of the sciences. If you can show equivalent experiance, you might get an exception. go to uspto.gov and look for the general requirements bulletin from the Office of Enrollment and Discipline.

Question: What are the top five IP law firms in the Seattle area to work as a biotech patent agent? I am looking to relocate to the west coast and am investigating Seattle and various California cities. I am a registered patent agent (4 yrs ago) with a BS in biochemistry, and a very strong background in sequence listings and sequence searching. I have worked for an international bioinformatics company. I am currently working as an IP legal assistant for attorneys for a large Boston law firm and thus am quite familiar with patent prosecution. I am looking to do patent work such as sequence listings, sequence searching, sequence analysis, patentability searches (have done those), and patent prosecution. I am aware Seed is a top firm in this regard.

Answer: Heller Ehrman White & McAuliffe (HEWM) in the San Francisco headquarters has a huge IP dept. with many IP attorneys in their other branches (Seattle being one), though not as many. The San Diego branch, though smaller, is made up of a lot of IP attys b/c of the huge biotech boom there. Seattle had more environmental attys than anything (seems to be the trend for the whole state), but still had IP attys there. HEWM is well known as a 1st class firm within all the CA atty's I've talked to, evoking an ooh and ahh about the firm.

Question: Where can I find a software patent agent? I will have a website developed for me within 6 months and need a softare patent agent to draw out and file the appropriate patents. If anyone can provided me with any leads it would be greatly appreciated. Thank you

Answer: If you are talking about a U.S. Patent, you can search the Roster of Attorneys and Agents from the link here: http://www.uspto.gov/web/offices/dcom/gcounsel/oed.htm by zip code or even the first 3 digits of your zip code.

Question: GS pay scale for a Registered Patent Agent/Bioinformatics expert heading to work at the patent office? They say patent examiners start at GS 7, 9 and 11. I have been in the IP field for 5.5 yrs and a patent agent for 4 yrs. Will I start at GS11? Which step? Do you know any patent agents/attorneys who ended up at the patent office?

Answer: Each technology center has its own person in charge of hiring new examiners. You should call that person directly. The USPTO's HR department has its critics. I know someone that sent in their application through the normal channels and heard nothing for months. He eventually called the TC. The hiring person at the TC asked him to come in for an interview the next day. He was offered a job on the spot. New examiners are getting a terrific training program. Based upon your experience, I'd expect that you will start out a little ahead. There are some nice bumps-up in the first year. I know plenty of people who have or currently work at the USPTO. Examiners in general are a friendly, easy-going bunch. You might want to call an examiner or two who handle bioinformatics cases. Here again, start with the TC's info. You can drill down from the TC to the specific art unit, and yoiu can get a list of everyone in the art unit. Just pick some names of people that look friendly.

Question: Patent agent trainee job with US degrees? I'm thinking to apply for jobs in Canada as a patent agent trainee. I've finished my studies in US with Master's degree in Computer Science and LLM in Intellectual Property Law. With all these years of study in English, I don't want to go back to Asia. Do Canadian law firms hire foreigners? I also heard USPTO offers paid-training program but I think they are for US citizens.

Answer: Patent agents should have at least an undergraduate university degree (many have advanced degrees as well) in science or engineering. This background greatly facilitates communication with inventors and enhances the agent's ability to understand and describe even the most technically challenging inventions. A patent agent should also have good communication and writing skills in order to describe the inventions they protect. Your American degree is recognized in Canada for this purpose !

Question: I am thinking about becoming a patent agent.? I have a degree in Chemistry, and would need to pass the patent bar. Assuming I pass that, and become a patent agent, how feasible is it to make a decent living on an independent/freelance basis? Thanks.

Answer: It is a growing area, particularly on the intellectual property side of the Internet

Question: In Canada, can a patent agent steal a client's idea? I'm thinking of hiring a patent agent to help me with an invention I have. Do I need a specific contract with the patent agent saying that all the I.P. belongs to me, or are there professional regulations in place that would make such an agreement redundant?

Answer: Be careful on patent agents - they take your money and don't do anything for you. see a patent lawyer - if you don't know one - call your local University and ask the Business dean or other that teaches Intellectual Property. Anyone is able to steal - but eventually you will need to rely on others. - Ask to talk to other clients see how reputable the agent is.

Question: Is it necessary to pay for a class in order to take the patent agent exam? or can I do it from a book? I know the website. I just need to know about people's personal experiences with the exam. Can you recommend a book?

Answer: * i am sorry to see you have not had more answers.as i know nothing about this i had a look on the internet for you and came up with a couple of sites.i know you did not ask for this but some personal opinions but that is not something a can provide.i hope these sites can help you .good luck. About the US Patent Bar Examination ... page contains information that may be useful for those considering taking the Patent Bar Examination, including information on the computerized exam, who can ... www.ipwatchdog.com/patent_bar.html - PATBAR.COM - USPTO Patent Bar Attorney or Agent Exam Study Review Course Provides a home study course to review for the patent agent examination. ... from the practice exams in the PatBar materials that were on the actual exam. ... www.patbar.com -

Question: I like to become a Patent Agent. How do I start? I have a scientific background.

Answer: If you have a degree in a science or engineering area, and if you intend to practice in the U.S., then all you need do is pass an exam given by the U.S. Patent and Trademark Office. The test is given twice a year (I think). The test is on patent laws, rules and procedures. If you memorize the MPEP (manual of patent examination procedure) you will pass the test. (use the index at www.uspto.gov to find a copy) However, that is a huge book. You probably want to take a video course such as the one offered by the Patent Resource Group.

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

Answer: An attorney is just that .. he has a license to practice law and will handle everything for you; an agent is just that, an agent, he will ASSIST you in filling out paperwork so you can file yourself. This is the same as the Lawyer vs. Paralegal when it comes to Divorces or Bankruptcies... one can offer you LEGAL advice and the other cannot. Hope that helps.

Question: What is the difference between a patent agent and a patent attorney? Are they essentially the same?

Answer: Patent attorneys and patent agents can both represent clients before the US Patent and Trademark Office on patent matters (e.g., drafting and prosecuting patent applications). However, because patent agents are non-lawyers, they are limited in what they can do for clients outside the USPTO. Because a patent attorney is also admitted to the general practice of law in at least one state, he or she can also provide assistance with patent-related contract issues, licensing, negotiation, and lawsuits. A patent attorney can also offer opinions on whether a particular product infringes a patent, on the validity and enforceability of patents, and can assist with other intellectual property matters, such as trademarks and copyrights. Patent agents are not permitted to do these things, because they are considered matters of general law. However, a patent agent may opine on whether an invention appears to be patentable, and may give advice directly related to the pursuit of a patent. http://www.patentbest.com/agent.html

Question: I have passed patent agent exam today. Which companies should I target to get in? Today I got my result and i'm through this tough exam. Please someone suggest what should i do now?

Answer: Congratulations on passing your exam! Contact patent lawyer practices for openings. There's quite a few in the Chancery Lane area of London, for example. Do a search on companies that deal with patents and then contact them about opportunities. Good luck!

Question: Are conversations with a patent agent (not lawyer) protected under the doctrine of lawyer-client privilege? Note we are talking about patent agents here, not patent attorneys. Patent agents are "licensed" by the patent office, but have not passed a bar exam for any state.

Answer: The attorney-client privilege is exercised when the attorney thinks that certain information is harmful to the client. The externe example is client tell the invention was actually stolen from someone else, what steps need doing to file a patent and get granted. In that case, attorney will not disclose that piece of information as that discriminate client. Attorney may or may not help client to file patent, but will not disclose reason.