Re: Question for Mr. Auslander & Mr. Ivey from Aspiring Patent Attorney

Subject: Re: Re: Question for Mr. Auslander & Mr. Ivey from Aspiring Patent Attorney

Comments:
: Let me begin by disclaiming that these are my subjective opinions and based on the experience of only one person: me. : And, let me clarify one thing: I don't think "patent agent" is an option for you since you're already an attorney (assuming you've passed a bar exam somewhere). Althogh, there's some debate abuot when you become an attorney or a lawyer -- after graduation or upon becoming a member of a state bar. : Careers have momentum. Of course, you can change course as Mr. Auslander did, but changing direction will require some force (to continue the physics analogy). If your heart is set on a patent practice, I'd encourage you to take the route of a patent agent/attorney rather than practicing law in some other discipline. : There are a few reasons that I make this recommendation. First, patent law is a nicely delimited body of law which is relatively independent of all other law. Patent procedure is entirely different from any state litigation and any federal litigation for that matter. It's unlikely that an appreciable amount of your experience in litigation will translate into something useful in a patent practice (unless you also intend to litigate). : The second reason is that momentum which I mentioned. After a year or so of practicing litigation, your hourly rate will most likely increase (and justifiably due to the year or so of experience you've gained). After another year or so, it will increase again for good reason. You'll get quite used to a certain level of compensation. What you may not realize is that you'll also grow beyond being able to provide cost-effective service in other areas. As much as I wanted to become proficient at licensing and other areas of intellectual property law, my practice has been primarily patent prosecution. Accordingly, in most cases, my rate is too high for me to cost-effectively handle licensing issues or copyright issues or other IP issues. I may still try my hand in those practice areas with a hugely reduced rate and a mentor of some sort, but that reduced rate is the requisite force required to overcome the momentum of my career. : Your experience in looking for an entry level patent position highlights a problem in the industry. Nobody wants to spend the time and effort to train new patent attorneys, but after a few years, patent attorneys are highly sought after. I believe the problem resides in the peculiarities of a patent practice. There have been numerous attempts by larger, general practice firms to incorporate a patent practice within the firm (either by growing one within or by buying a patent boutique firm). These efforts are rarely successful in any lasting sense. Most other attorneys don't fully appreciate the peculiarities of a patent practice. : I could go on and on about this. I have my own ideas as to the reasons for this oil-and-water mixture of patent attorneys and other attorneys, and I'm concerned for the industry in the long term for not having a satisfactory way to groom new patent attorneys. I have my own ideas for addressing these issues. They involve an organization which is much looser than the conventional law firm. : I'll say this much though: Whoever solves the problem and makes affordable, quality patent services available for the long term on a significant scale will reap significant rewards. : Having said all that, I don't have any good news in the short term. Finding an entry-level patent position is difficult. Finding a 3rd-year patent position is easy. Somehow, you have to get yourself through the first 2-3 years. : Good luck! : Regards. : : I am an engineer and recent law grad working to become a patent attorney. I have been working as a law clerk for a plaintiff's (products liability) firm for the last few months. I am considering a couple of associate positions, however, neither are I.P. related. Practically all of the I.P. opportunities I have found require at least 1-2 years of legal experience or specifically patent experience. : : After a year or two, will my chances of being hired as a patent law associate be better after working as an associate practicing employment law or working as a patent agent? I'm assuming I'm better off with the legal experience, but I can earn more as an engineer than what I've been offered for the agent and associate positions. : : Can you offer me any advice here? : :

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