Patent Law As a Career
A career in patent law can be a rewarding way to combine technical and legal interests. There are many career options in patent law, including private practice as an attorney, attorney for the government and working as a corporate attorney (or in-house counsel). The U.S. Patent and Trademark Office (PTO) even permits registered non-attorney individuals, called patent agents, to practice patent law. Patent law requires technical or scientific training as a minimum, and a law degree is required to become a patent attorney. Because of the specialized nature of patent law, the salary ranges and career outlook for patent attorneys are good.
Types of Patent Law Careers
Patent law is a field with many different career options within government, law firms, companies and universities. Patent attorneys can specialize in obtaining patents for clients (called patent prosecution), litigating patent disputes or a combination of the two. The PTO employs many patent attorneys in various branches. Corporations and universities often employ patent attorneys and agents to help protect and monetize inventions through the patent laws.
Considerations
To practice in patent cases before the PTO, you must be registered. The PTO's registration requirements include passing a registration exam (or patent bar) and meeting certain education or training requirements. The education requirements for the PTO are technical or scientific. A law degree is not required to practice before the PTO. The PTO Office of Enrollment and Discipline (OED) publishes a General Requirements Bulletin that details the requirements for becoming a registered attorney or agent.
Education and Training
Patent attorneys are required to have technical or scientific training and a law degree. Patent agents are only required to have scientific or technical training, which is typically in the form of a bachelor's degree, but there are other options according to the PTO's General Requirements Bulletin. Engineering and sciences, such as chemistry, biology and physics, make excellent backgrounds for a patent law career. Many patent attorneys and agents are second-career legal professionals with previous industry experience that helps them to communicate effectively with inventors, who are often scientists or engineers.
Salary
According to Payscale.com, patent prosecution attorneys in their first four years of practice in a law firm can expect an annual salary in the range of $50,000 to $137,000 as of 2010. The annual salary range moves to $65,000 to $200,000 for years five through nine. Salaries in other types of patent law careers, such as government and corporate, may differ from the law firm pay ranges.
Job Outlook
Careers.org reports that the number of attorney jobs, in general, is expected to grow by 11 percent from 2006 to 2016. Patent attorneys are more specialized and are playing an increasingly important role as intellectual property (such as inventions protected by patents) becomes more central to corporate assets and revenue. So, job growth in patent law should at least equal, if not exceed, overall attorney job growth.
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