- What made you decide to enter Patent Law? Are you happy with your decision?
I was an engineering grad but:
1. had difficulty finding an engineering job (bc of lack of experience, the economy, and naivety about how to find jobs)
2. did not really want to enter the work force yet
3. was not impressed with the projected trajectory for engineering work and salary
4. was much better at arguing and writing than most of my engineering peers
5. believed the employment and salary statistics published by law schools (now known to be ridden with under-reporting, selection bias, and other frauds/manipulations)
6. decided that becoming a doctor was too much of a pain in the ass, with too much uncertainty regarding government interference and changes in employment rate/salary
- What is your technical background? Do you tend to specialize in just that area, or is your patent practice more general? Is it easy to get pigeonholed into one tech area, or is there room for movement?
EE. I have worked on all sorts of electrical/software/mechanical cases. The only real wall seems to be chemical and biochem versus the rest. If an EE or physics case is sufficiently hardcore, and if I struggle I ask for help. That almost never happens.
- What sort of firms have you worked for? (Large, small, solo, IP-only, General Practice, etc.) Which do you prefer?
I worked for a midsize IP boutique and now work for a small prosecution boutique. I much prefer the smaller firm (the difference between hell and something quite pleasant).
People underappreciate the importance of:
1. high decision latitude
2. being a big fish in a small pond
3. avoiding a culture/bureacracy of fear and conservatism
4. being able to take the time and care to do high quality work
- What percentage of your practice is spent on prosecution? Litigation? Licensing?
Entirely prosecution, although I feel quite competent to apply substantive patent law in litigation and licensing matters (I don't just read Fed. Cir. decisions on examination/PTO cases - although I know at least one APJ who does that and professes to know nothing about inequitable conduct).
- How much of your time is spent writing/researching, as opposed to meeting with & advising clients?
I never meet with clients and have little desire to do so.
- Do you practice in other areas of law as well? (For instance, Trademark, Copyright, Trade Secret, or something else?)
No. No litigation. No licensing. No trademark. No copyright. No trade secret. I strictly do patent prosecution, albeit pretty well.
- How much travel is involved with your practice? Can Patent Law really lead to fame, fortune, and exotic foreign travel?
I never travel for work. I travel several times a year, on my own, to attend conferences.
Travel, fame, and fortune are generally for: big shot litigators and founders of firms (including prosecution firms) who must schmooze clients. I don't do either (at least not yet?).
- Are the widely-available salary charts accurate? I know this is a little personal, but it's a question that seems to pop up time and time again. I don't think most people are trying to pry, they're probably just concerned about paying off their law school debt before the year 2250.
I know a couple of attorneys who make "market" salary and have been consistently marching along that path (with promotions) for years. I think one of the them will become a partner at a top patent firm. The other one seems to have no real interest in patent law, but is simply very smart and good at being a lawyer. I also know many (probably 10+) patent attorneys who are unhappy with their position, doing contract work, doing part time work, doing work requiring them to bring in their own clients, and/or being paid significantly below the market rate. I find them everywhere (maybe I hang out with the wrong people).
- How is your work/family life balance?
I work at a very unconventional firm. My work/family life balance is fantastic.
- If your son or daughter told you that he/she was thinking of becoming a Patent Attorney, how would you counsel him/her? (I ask this because in my experience most attorneys tend to tell others not to attend law school.)
I would tell them to try working as an apprentice, tech specialist, and/or patent agent and see if they like it. I would tell them that if they enjoy the work, they can make a lot of money in it.
Of course, if the U.S. economy eventually implodes, as seems likely in the next 2-5 years (considering that we cannot pay our debts), who knows what will happen.
- What career adivce would you give someone who is just getting started in the field?
1. if going to law school, focus on minimizing debt instead of going to a fancy pedigree school
2. try to apprentice/intern to see if you like patent law
3. nurture and cultivate a network of business contacts
4. learn to love your career - if you can't find a different one - because you only live once