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   need your advise to become a patent attorney!
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   Author  Topic: need your advise to become a patent attorney!  (Read 13538 times)
LJP
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Re: need your advise to become a patent attorney!
« Reply #5 on: Nov 21st, 2005, 10:00am »
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on Nov 19th, 2005, 3:36pm, sk686 wrote:

In Australia, and I think the same is true for Canada and Europe, you need to have a technical degree and pass a set of exams to become a Patent and/or Trademark Attorney. The exams can be substituted for University offered Master degrees in Intellectual Property Law, that cover the same subjects tested on the exams.  

 
 
In Canada you do not need to have a degree to write the patent agent test. Shocked   The only requirement is that you have worked in the area of patent law and practice.  
 
Additionally, the only way to become a patent agent in Canada is to pass the test administered by the Patent office.
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skoz686-iplaw
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Re: need your advise to become a patent attorney!
« Reply #6 on: Nov 21st, 2005, 8:54pm »
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I forgot to mention that in Australia, in addition to meeting the technical degree requirement, and either passing 9 topic exams or completing an Accredited course of study covering those topics, you also need to have at least 1 year experience in Patent Law, before being eligible to register as a Patent Attorney.  
 
The 1 year experience requirement does not apply to those who want to register as a Trade Marks Attorney.
 
Details can be found here:
 
http://www.psb.gov.au/patreg.htm
 
http://www.psb.gov.au/tmreg.htm
 
Similar to Patent Agents in the US, Patent Attorneys in Australia can prosecute patents. But to represent clients in IP litigation, they need to have law degrees and be admitted to practice.  
 
Also similar to the US, lawyers do not have to be registered as Patent Attorneys in Australia to do IP litigation. In practice, most lawyers involved in IP litigation in Australia, are not registered as Patent Attorneys.  
 
But a number of registered Patent Attorneys in Australia are admitted as lawyers (Solicitors and Barristers) as well, and do both prosecution and litigation work. This is similar to US Patent Attorneys (who are registered with the USPTO and admitted to a State Bar).
« Last Edit: Nov 22nd, 2005, 6:15pm by skoz686-iplaw » IP Logged
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Re: need your advise to become a patent attorney!
« Reply #7 on: Dec 22nd, 2005, 10:37pm »
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Nice deal.  Wish I knew about the deals in Oz.
 
What you need is a bar admission to a state and admission to the USPTO to say you are a patent lawyer.
 
The way to do it is:
 
Come back to the US, do a one year LLM and take state exam.  Most palces requires US citizienship, NY does not.  Thus, most foreigners take the NY bar exam.  Take the PTO bar.  Presto.  Instant patent lawyer.  No US JD required.
 
 
 
on Nov 19th, 2005, 3:36pm, sk686 wrote:
I am a US citizen with an ABET accredited BEEE degree from the US, and several years of professional IT experience.
 
I am currently doing my LLB degree full time in Australia. I always wanted to become a patent lawyer, but high tuition rates in the US discouraged me. As an Australian resident and having a magna cum laude (high honors) in my BEEE, I was able to secure a government supported (HECS) place in the LLB program here in Australia. As a result the tuition is very minimal compared to the US.
 
Based on my research, LLB degrees from Australia, UK, Canada and New Zealand are directly recognized by several major states in the US, to sit their Bar exams. For example, New York and California. You can gain admission to several other States through reciprocal agreements once you gain admission to any US State Bar. Graduates of LLB programs from India, and some other countries, need to complete an additional LLM to be eligible to sit for the State bars of these States.
 
In Australia, and I think the same is true for Canada and Europe, you need to have a technical degree and pass a set of exams to become a Patent and/or Trademark Attorney. The exams can be substituted for University offered Master degrees in Intellectual Property Law, that cover the same subjects tested on the exams. Admission as a lawyer is not required in Australia to become a Patent and/or Trademark Attorney. However, most law firms prefer you have a law degree and admission as a lawyer. They even mention that in their ads.
 
My plans are to get my LLB, and a Masters in Intellectual Property Law from Australia, and then practise patent law either here (in Australia) or in the US. All that depends on what offers I get and what the pay is. Of course, I have to take and pass the USPTO patent bar exam and a State bar exam.
 
I think experience gained in Patent Law (both in prosecution and/or litigation) in Australia or Canada, will not go in vain in the US. As I think, they follow the same basics and in many cases, the same procedures.
 
The only obstacle I can think of is, some Patent Law jobs in the US specifically ask for ABA accredited JDs.  
 
Comments are welcome!

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franlorin
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Re: need your advise to become a patent attorney!
« Reply #8 on: Dec 23rd, 2005, 8:55am »
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on Nov 18th, 2005, 12:59pm, babak_khoramdin wrote:

It appears in Canada I can join an Intellectual Property firm as a technical consultant and become a patent attorney after a twelve-month mentorship training program as well as to complete the qualifying exam.
 
1.Does such a program exist in USA?
2.Can I obtain a similar position in USA if I become a patent attorney in Canada?
 

 
Babak, you may consider a distance-learning law course (i.e., online) offered by some California Law Schools to obtain a law degree in that state - you will need to eventually pass the bar exam in that state, of course - then, if you also pass the Patent Agent Exam offered by the USPTO, and you become registered, you can become a "patent attorney" - it will still take a few years, though
 
Fran Lorin www.patent.0catch.com
« Last Edit: Dec 23rd, 2005, 8:56am by franlorin » IP Logged

Fran Lorin
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Re: need your advise to become a patent attorney!
« Reply #9 on: Dec 23rd, 2005, 9:38am »
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As per usual, Issac Clark's answer was excellent.
 
I think you should attend law school via a night program in the USA.  4 stressful years and you are done!  
 
I don't think there is any immense sense of security for attorneys as the focus becomes hours billed, etc.  But the paychecks are bigger and there is a lot of freedom with what you can do with the JD.
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