Breaking Into Patent Law: A Guide

Breaking into patent law can be challenging, especially for those without prior experience. A common strategy for entering the field is to pass the patent bar exam, which demonstrates a strong understanding of patent law and can make candidates more appealing to potential employers. In addition to passing the exam, gaining practical experience through internships or other entry-level positions can also increase one's chances of securing a job in patent law. Networking and building connections within the industry can also be beneficial.

Passing the patent bar exam

The patent bar exam is only available via computer at a Prometric testing facility. You can take the exam on weekdays and, sometimes, weekends throughout the year. You will need to bring a current ID with you, such as a driver's license. You will be given scratch paper and a pencil, which will be collected at the end of the exam. Nothing else is allowed in the testing room. However, you will be granted access to the USPTO's Manual of Patent Examining Procedure (MPEP) and any supplemental materials covered on the exam.

The MPEP is a few thousand pages long and covers United States patent laws, rules, and procedures. It is essential that you spend time learning the facts from the MPEP, as you will not have time to look up the answers to every question during the exam. While the exam is open book, it is still challenging, with a national pass rate that usually falls under 50%.

To be eligible to sit for the exam, you must prove to the USPTO that you have the proper background in science or engineering. Typically, this is done by completing a Bachelor's degree in a USPTO-approved field. If you have a degree in science or engineering that is not listed as approved, you may still be eligible if you can show that you have completed the required coursework. You will need to submit your application, along with the appropriate fees, to the USPTO for approval. Once approved, you will have a 90-day window in which to schedule and take the exam.

Internships

When applying for internships, consider the following:

• Technical fit: Look for firms that are a strong technical fit for your experience and skills. Identify companies that practice your core technical skills and reach out to their legal counsel.
• University connections: Check if any of the companies you have co-oped with have large patent portfolios and reach out to the firms they use.
• Patent bar: Consider taking the patent bar exam. This demonstrates initiative and a desire to work in the field. It can also make you a more attractive candidate for internships.
• Research and writing skills: Spin any research and writing skills you have to patent prosecution. Even reviewing patents during your research can be seen as valuable exposure.
• Examiner positions: Applying for examiner positions, either during internships or as a career path, can be a good way to gain experience in the field.
• Tech transfer offices: Consider interning or shadowing someone at a tech transfer office, which can provide valuable experience in intellectual property (IP) and patent law.
• Broaden your search: Don't just look for internships; consider externships, clerkships, and independent studies as well. These can all provide valuable skills and experience.

Remember, internships are an extended interview process. If you perform well and demonstrate your skills, you may even receive a job offer, so make sure to take advantage of these opportunities to learn and grow.

Exposure to patent law

Gaining exposure to patent law is crucial for aspiring professionals in the field. Here are some strategies to gain that valuable experience:

Internships: Seek out internship opportunities within law firms or specific departments that deal with intellectual property, such as tech transfer offices. Internships provide a practical understanding of patent law and demonstrate your commitment to potential employers. It also helps you build valuable connections within the industry.

Examiner Positions: Consider applying for patent examiner positions at organizations like the USPTO. These positions offer valuable insights into the patent approval process and can be a stepping stone to other opportunities in the field. Many firms value this experience when hiring.

Passing the Patent Bar: Demonstrating your knowledge by passing the patent bar exam is a significant way to show initiative and commitment to patent law. This can set you apart from other candidates and make you more attractive to potential employers, even before gaining direct work experience.

Research and Writing Skills: Develop and highlight any research and writing skills you possess. These skills are essential for patent prosecution and can be leveraged to gain exposure to the field. Even reviewing patents during your research can be a valuable talking point in interviews.

Clerical and Independent Study: While it may not be the most glamorous work, taking on clerical roles or externships, clerkships, and independent studies can provide a foot in the door. These positions allow you to demonstrate your skills and build experience, even if it's not directly related to patent law.

Networking: Building a strong network within the industry is vital. Reach out to specific firms that align with your technical skills and background. A strong cover letter that showcases your unique value proposition can make all the difference. Don't be afraid to cold email or network with professionals in the field to learn about potential opportunities.

Research and writing skills

Excellent writing skills are also necessary for drafting clear and concise patent applications and legal documents. Patent applications are long and detailed and must adhere to specific regulations. Patent attorneys must be able to provide precise and exhaustive descriptions of inventions, using clear and unambiguous language. They must also be able to explain complex technical concepts in a clear and understandable manner in their writing.

Additionally, strong writing skills enable patent attorneys to effectively communicate with their clients, scientists, engineers, business people, and other lawyers. They must be proficient at using words to define, describe, explain, advise, instruct, and persuade. Good writing skills also contribute to their ability to create well-constructed claims with diverse scopes, enhancing the protection of their clients' inventions.

Furthermore, research and writing skills can be leveraged to demonstrate exposure to patent law. For example, individuals can review patents during their research and include this in their resumes. This can be a valuable way to showcase interest and knowledge in patent law, increasing their chances of breaking into the field.

Clerical work experience

For example, a Patent Formalities Clerk role involves routine clerical and file maintenance duties, as well as interfacing with attorneys, docketing staff, and patent secretaries. Another example is a Patent Prosecution Case Clerk, who assists attorneys, patent agents, and paralegals on specific projects. These roles can provide a solid foundation for understanding the inner workings of a patent law firm.

In addition to gaining valuable experience, clerical roles can also offer the opportunity to develop important skills for a career in patent law. Strong writing, communication, and organisational skills are often cited as requirements for clerical positions and are also highly valued in the legal field. Proficiency in using legal software and computer skills more generally are also commonly sought-after in clerical staff.

Furthermore, some firms offer the chance to gain exposure to patent law through internships or shadowing opportunities. These experiences can provide a more direct insight into the work of a patent lawyer and demonstrate your interest in the field.

When applying for clerical roles, it is beneficial to highlight any relevant skills or experiences that could make you a strong candidate. For instance, prior experience in a law firm or legal department, as well as proficiency in legal software, can set you apart from other applicants. Demonstrating a willingness to learn and grow in the role is also advantageous, as firms often seek candidates who are eager to develop their skills and knowledge.

In conclusion, clerical work experience can be an excellent stepping stone for breaking into patent law. It allows you to gain valuable insights into the day-to-day operations of a patent law firm, develop important skills, and build a strong foundation for further growth in the field.

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