A patent attorney is someone who is entitled to assist his clients to obtain patents and partakes in a series of stratagem and all affairs affiliated with patent law and practice.
To become a patent attorney, the USPTO [ U.S Patent and Trademark Office] has made it mandatory for a candidate to be a legal citizen of the United States and have a degree or background in either the science or engineering fields. Additionally, he needs to pass the LSAT [Law School Admission Test] and graduate from an accredited law school in the United States with a law degree. He will then need to pass a Bar Exam in his particular jurisdiction in addition to the Patent Bar Exam. The technicalities of the requirements are mentioned below:
Steps to Become a Patent Attorney:
Obtain a Science or Engineering Degree
Firstly, a potential applicant has to enroll in college for a four-year degree program and obtain a Bachelor of Science degree in either science or engineering fields. This provides them with a practical understanding of the patents that they will be working with so that they can specialize in a field that they are passionate about.
Pass the LSAT
Next, applicants need to take the LSAT, an exam divided into two parts. The first part has multiple-choice questions pertaining to comprehensive, analytical, and logical reasoning. The second part has a written section involving an essay from a randomly chosen prompt.
Go to Law School
Once they have passed the LSAT, applicants are required to attend an accredited law school to get their Juris Doctor degree. Many law institutions focus on copyright and trademarks, intellectual property, and patent law. If potential patent attorneys enroll as full-time students, it takes three years to complete the program. However, a part-time student can also enroll in the program which can take up to four-five years to complete.
State Bar Exam
Applicants need to pass the bar exam so that they can become a lawyer based on their own accord. It depends on where an applicant takes the bar exam. However, most states make use of at least some bar exam sections that are developed by the National Conference of Bar Examiners.
These exams consist of multiple-choice questions on distinct sections of law and the appropriate behavior of lawyers, essay questions along with detailed assignments developed so that the candidate’s legal approach in various situations can be tested and analyzed.
Pass the Patent Bar Exam and Get Registered with USPTO
In order to be able to practice patent law, a person needs to be registered with the USPTO. This means that an application needs to be submitted and a patent bar exam needs to be cleared which is essentially a multiple-choice exam. It is a necessity to have some sort of background or experience in science or engineering to be able to partake in this exam but a bachelor’s degree may also suffice. If a candidate has worked at a graduate-level it does not mean he is automatically qualified but if the necessary credit-hour requirements are fulfilled it might be sufficient.
For a candidate to get registered with USPTO he needs to first send the necessary documents to USPTO which includes his transcripts to show his scientific or engineering study, an application form that is completed along with proof of citizenship. If the application is approved, then the exam can be arranged. If a candidate passes the exam he needs to pay the registration fee and will become a legally registered patent attorney. If he didn’t pass the exam, then he must go through the questions he missed.
Further Education
If a patent attorney wants to specialize more, then he can contemplate getting a master of law degree in different areas. Degrees like these usually take about a year to conclude given that the student studies full time.
What Does a Patent Lawyer/Attorney Do?
Patent Attorneys are trained and specialized so that they can prepare and put together patent applications for their clients. They assist individuals, firms, and organizations to take the necessary steps to acquire patents. In case their client’s rights are violated they aid them to take legal action to protect their rights.
Is It Possible to Become a Patent Attorney Without a Science Degree?
If an applicant has a bachelor’s degree in a different field they might still be eligible only if they can prove to the patent office, as a substitute, that they have some background in science or engineering fields. This is to ensure that you are qualified to participate in the USPTO exam.
Conclusion
Patent law is a good career option as patent attorneys are very much in demand. This is because Intellectual Property [IP] law is vital for businesses. It is a job that provides lots of diversity and a career path with assured continuity.
