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   1st year in practice
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RMR
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1st year in practice
« on: Dec 6th, 2005, 1:55pm »
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I am in the process of a self-paced prep. course in order to take the patent bar early next year.  
 
I must admit I am a bit intimidated in reading issued patents from a variety of fields.  
 
Is it difficult to write a 'quality' application and is the prosecution process difficult to manage?
 
What was your first year like as a practicing agent/atty as it relates to the above tasks?
 
Thanks.
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Isaac
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Re: 1st year in practice
« Reply #1 on: Dec 6th, 2005, 3:11pm »
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It is normal to feel unprepared to prepare and prosecute patent applications while studying for the patent bar exam, because you are not prepared to do so and will not be prepared to do so after passing the exam.  Nothing in the MPEP is a tutorial for doing so.
 
My first year involved lots of handholding by experienced practitioners.   I did not send a client anything during that time that was not reviewed and corrected by someone who knew what he was doing.
 
In fact you should be encouraged that you appreciate that you are not ready to advise clients.   Some people don't manage to figure that out.
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Isaac
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Re: 1st year in practice
« Reply #2 on: Dec 22nd, 2005, 10:58pm »
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The patent bar hs nothing to do with reading or understanding patents.  That is a function of lawyers, google Markman Hearing.  
 
Passing the patent bar allows you to represent a client in proceeding before the PTO in accordance with the rules of the PTO.  In other words, the patent bar is an exam on whether you can find a rule and select the best mult choice answer given.  All answers are explicitly in the MPEP, if they are not the PTO gets challenged on teh correct answer because in real life there are several ways to do the same thing in front of the PTO.  Good luck.
 
 
on Dec 6th, 2005, 1:55pm, RMR wrote:
I am in the process of a self-paced prep. course in order to take the patent bar early next year.  
 
I must admit I am a bit intimidated in reading issued patents from a variety of fields.  
 
Is it difficult to write a 'quality' application and is the prosecution process difficult to manage?
 
What was your first year like as a practicing agent/atty as it relates to the above tasks?
 
Thanks.

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Wiscagent
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Posts: 843
Re: 1st year in practice
« Reply #3 on: Dec 23rd, 2005, 6:47am »
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Based on various posts in this newsgroup, many people study for the patent bar exam in a focused manner.  That is, they figure out what is required to pass the exam and that’s where they put all their efforts.  That is one approach, and I’m not going to argue that it is wrong.
 
My concern for that focused approach, especially for someone who is not familiar with (i) patents, (ii) patent law, and (iii) has little understanding of the business significance of intellectual assets, is that even if someone passes the exam and is then registered as a practitioner, they are unprepared to represent a client in any meaningful way.
 
For persons who have no familiarity with the whole patent regime I recommend that they study far more broadly than is required to pass the exam.  Start with general references on intellectual property, then read some layman’s guides to patents, and perhaps a survey on patent law.  Then, when you actually study for the bar exam, you have some context for the MPEP, and the terminology and sequence of events makes more sense.  Also, once you pass the exam and are registered you have some understanding – certainly reading a few books will not make you a polished practitioner – but at least you have a chance to follow a conversation and ask appropriate questions.
 
Personally, I sat for the bar exam after a few decades in R&D; and as an inventor I already had 17 U.S. patents granted.  So I had a stronger background than most.
 
Whichever path you choose, good luck.
 
 
Richard Tanzer
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Richard Tanzer
Patent Agent
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