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[Timeforchange]

Hi Everyone,

I have been reading this board for a couple of months, but this is my first time posting. I really need some advice from people knowledgeable about the patent field and market.

By way of background, I am 39 years old and have been practicing business law at a large firm for several years now. For multiple reasons that are not relevant here, my current job is turning into a dead end and finding anything else has been very difficult. I have been considering for a while whether a change to patent law would be possible. I have a BS in biology, which I know alone is not enough for patent law. One strategy is to go back to school and get either a CS or an EE degree. There are some good state schools here with programs in both areas.

My first question is, assuming I got a CS or an EE degree, would I have a reasonable chance of breaking into the patent law field? At 39 I'm not a spring chicken any more. Before I even seriously think about such a big change I am trying to get some idea of the odds of getting a patent prosecution job upon completion. I went to a T-15 law school and a T-10 college. I did very well in my science courses as an undergraduate, including math, physics, chemistry, etc., so I'm pretty sure I can handle the CS or EE coursework. So what would be my chances of getting into patent law? Any chance my business law background would help?

My second question is would it be worthwhile in the mean time to take the patent bar? I am pretty sure that with my biology degree I would qualify to sit for the exam. I know I would have to purchase some prep books and it would take several months of studying. I generally do well on standardized tests.

My third question is who should I believe about the market? I spoke to a patent law headhunter who was kind enough to take time and answer my questions. His response was that the patent law market was very slow right now with very few entry level positions. He said there were plenty of patent attorneys out there with experience that had been laid off that were job hunting. On the other hand, one of my friends is a managing partner of a local patent law firm and he doesn't think getting that first patent law job is very difficult even now, particularly with a CS degree. From reading this and other forums, I get the general impression everything is slow. Who is right and if it is slow, any idea how it might change in the future? Is there a chance the new patent bill could significantly increase the number of patents filed and hence the demand for patent attorneys?

My last question is does anyone have any other suggestions about breaking into patent law? It's been a while since I got my biology degree. If I took and passed the patent bar would I have any chance of getting hired by the USPTO? One possibility in that case might be to work there and take online courses to get a CS degree. If I got my registration number is there any chance that a patent law firm would let me get experience preparing patents and pay me just a nominal salary. If so, I could do an online program to get the CS or EE degree.

Sorry for all the rambling, but it is very difficult to get specific information. I really appreciate any help or advice anyone can offer. I know these are tough times and I wish everyone luck in navigating through them.
 

[bleedingpen]

I spoke to a patent law headhunter who was kind enough to take time and answer my questions. His response was that the patent law market was very slow right now with very few entry level positions. He said there were plenty of patent attorneys out there with experience that had been laid off that were job hunting. On the other hand, one of my friends is a managing partner of a local patent law firm and he doesn't think getting that first patent law job is very difficult even now, particularly with a CS degree.

Big firms aren't hiring.  Boutiques are always looking for qualified individuals and many seem to have weathered the economic recession very well. 

[Wiscagent]

My second question is would it be worthwhile in the mean time to take the patent bar? I am pretty sure that with my biology degree I would qualify to sit for the exam.

Probably.  You’ll have to compare your transcript against the PTO requirements.

My last question is does anyone have any other suggestions about breaking into patent law?

I wonder if a boutique patent firm would be interested in you more for your business law background than for your (potential) patent attorney status.  It is very common for patent applicants to have many business law needs associated with their application, e.g.:
- assignment of the patent rights;
- licensing issues;
- employee contracts;
- royalties;
- trademark and copyright.
While most patent attorneys are reasonably capable of handling those types of issues, they don’t have years of full-time experience in business law.  I can picture the carpet in your new law firm with a path worn between your office and the offices of all the other patent practitioners with weaker business backgrounds.

Perhaps you could sell your services as a rookie patent lawyer who is also a veteran business lawyer.  If that works, the biology degree (and PTO registration) might sufficient.  Good luck.

[blakesq]

so, you realize you will probably need to go back to school to get another degree, and also take a patent bar prep, and take and pass the patent bar.  Thats a few years at least.  With your background, I think it makes more sense to open up your own law practice using the skills you have already mastered.  What sort of biz law did you do? LItigation?  If you can do business lit, you can probably handle most types of litigation that are out there.  I opened up my own practice when I was 39 or so.  Anyhow, good luck. 

[Wiscagent]

What sort of biz law did you do? LItigation?  If you go do business lit, you can probably handle must types of litagation that are out there.

That suggests another option.  Pass the patent bar exam, you'll then be a "patent attorney", but focus on patent litigation rather than drafting applications and prosecution.

In other words, see if there is some way you build off your experience, rather than starting from ground zero and trying to directly compete against much younger EEs.

[blakesq]

One thing you should note, you do NOT need the patent bar to do patent litigation.  But, the patent bar MAY make you look more legitimate.  Good luck!

[patentatt]

One thing you should note, you do NOT need the patent bar to do patent litigation.  But, the patent bar MAY make you look more legitimate.  Good luck!

Why do you need another degree?

As another poster noted, you don't need any tech background to do litigation (which probably fits better with your business law background).  Two of my friends are very successful litigators.  Many years after graduation, they still have not bothered to become registered before the PTO.

Also - isn't the biology degree enough to take the patent bar?  It's a science degree, right?  If it isn't sufficient, it is probably pretty close, so that you would only need to take a few more classes to complete your prereqs for the patent bar.

To be sure, a CS or EE will help you during a job search.  But you have to weigh that benefit with the costs of three/four more years of school and lost income.  In my view, the marginal benefit is far from worth the cost.  It would be better to simply take the patent bar as soon as possible (based on your biology degree), and try to get into patent law, and then to prove yourself once you have your foot in the door.

Firms ultimately care about whether you do your job well.  In my experience, this has very little to do with the particular degree you have, and much more to do with your passion for the law and willingness to master it.  Almost all patent attorneys have to be technical generalists, because virtually everyone works with a wide variety of technologies.  But every patent attorney should be a patent law specialist.