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Becoming a Patent Agent/Lawyer
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   Should I take the patent bar before law school?
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   Author  Topic: Should I take the patent bar before law school?  (Read 3555 times)
Isaac
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Re: Should I take the patent bar before law school
« Reply #15 on: Oct 12th, 2005, 10:10pm »
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The tax code allows deductions for some employment related training however training required to qualify the tax payer for a new profession is not deductible.  The tax code actually cites as an example of non deductable education experience tuition expenses of an engineer attending law school.
 
Almost certainly law school tuition for a patent agent to become a patent attorney would not be deductible.     In fact there is case law suggesting that an attorney who studies for a bar exam in a new state is preparing for a new profession.    
 
At best it might be possible for a patent agent attending law school to deduct the expense for a course that was not required for graduation from law school (including not required to meet a minimum credit requirement) and that was also patent related.  
 
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Isaac
patento
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Re: Should I take the patent bar before law school
« Reply #16 on: Nov 3rd, 2005, 8:40pm »
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How about a patent agent going to law school? could this be treated as "further training for advancement of profession"?
 
on Oct 12th, 2005, 10:10pm, Isaac Clark wrote:
The tax code allows deductions for some employment related training however training required to qualify the tax payer for a new profession is not deductible.  The tax code actually cites as an example of non deductable education experience tuition expenses of an engineer attending law school.
 
Almost certainly law school tuition for a patent agent to become a patent attorney would not be deductible.     In fact there is case law suggesting that an attorney who studies for a bar exam in a new state is preparing for a new profession.    
 
At best it might be possible for a patent agent attending law school to deduct the expense for a course that was not required for graduation from law school (including not required to meet a minimum credit requirement) and that was also patent related.  
 

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Isaac
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Re: Should I take the patent bar before law school
« Reply #17 on: Nov 3rd, 2005, 8:57pm »
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Generally speaking, a patent agent could *not* deduct law school tuition because the course work qualifies him for a new profession.   The fact that the training is also useful in the current position is subordinate to the fact that the education is qualifying for a new profession.  
 
Maybe the cost and expenses associated with an elective patent law course not required for graduation might be deductable.  
 
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Isaac
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