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Becoming a Patent Agent/Lawyer / Re: Pat Bar MPEP Ed8 Rev8
« on: 05-02-11 at 07:17 am »
Yeah, what is the deal? I haven't heard anything about this new test yet. Granted, it's only been out for a few weeks, but ...
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2
Patent Agent/Lawyer Careers / Loss of Patent Jobs Due to New US Bill
« on: 03-11-11 at 08:01 am »
I'm wondering if the new patent law reform passed by the senate will result in a dramatic decrease in patent law jobs. ""The bill also set rules for allowing patents to be challenged after they are granted, which supporters say is cheaper than litigation." (Reuters)
"Productive companies are spending billions of dollars in money and resources to defend themselves against patent lawsuits. The cost of defending an average patent lawsuit is between $2 million and $4.5 million. Furthermore, prior to 1990 there had been only one patent damages award in history larger than $100 million, yet in the past five years, there have been at least ten judgments and settlements in that category, and at least four that topped $500 million. One topped $1.5 billion. This is money that could be otherwise re-invested in the companies, spurring innovation and creating high-paying jobs." Patent Fairness Coalition
Seems to me now companies won't be putting this money into protecting their patents; so will this bill actually REDUCE the number of patent law jobs because now less legal quibbling will be needed by companies?
TIA
"Productive companies are spending billions of dollars in money and resources to defend themselves against patent lawsuits. The cost of defending an average patent lawsuit is between $2 million and $4.5 million. Furthermore, prior to 1990 there had been only one patent damages award in history larger than $100 million, yet in the past five years, there have been at least ten judgments and settlements in that category, and at least four that topped $500 million. One topped $1.5 billion. This is money that could be otherwise re-invested in the companies, spurring innovation and creating high-paying jobs." Patent Fairness Coalition
Seems to me now companies won't be putting this money into protecting their patents; so will this bill actually REDUCE the number of patent law jobs because now less legal quibbling will be needed by companies?
TIA
3
Patent Bar Questions / Re: USPTO to begin testing E8R8 starting in April
« on: 02-25-11 at 12:25 pm »
I listened to the webcast (was already registered ) 
. Gee whiz it was heavy on the sales pitch... and TBH I don't have $1900 kicking around as a (non-law) student to buy the PLI materials. Mark, I appreciate your input but it doesn't seem to me that the exam cannot be passable unless you buy the PLI review. I don't think the USPTO would make it so that unless you had very specialized expertise, since there's no old test material reflecting the new changes to the exam, you can't pass on your own. It seems that there are about 80 pages of new material between Bilsky and KSR via: http://www.uspto.gov/ip/boards/oed/exam/reg_exam_source_material.jsp . The question is whether or not a given Patent Bar question would ask something that is in MPEP E8R8 but also in those supporting documents (which supercede E8R8) and whether there would be a way to be tricked into an answer that was correct on E8R8 but updated and now incorrect in view of the new materials.
I understand the motivation of the PTO to try to increase the applicability of what examiners/agents/attorneys learn towards current practice, but they can't make the exam full of trick questions, and they should understand that instead of searching just the MPEP, you now have 5 other documents to search, which obviously will take extra time. Furthermore, from what I can tell, it looks like there is redundancy in the E8R8 and updated materials, with the new materials having precedence over the E8R8. Surely they won't all of the sudden make the exam much more difficult - that doesn't sound like the government to me.
Here is a general question... Do employers like to see a later date of passing the exam so that the agent/attorney is more up to date with current USPTO practices? My guess is no, it doesn't matter, but i could see how e.g. if you wanted to work at the USPTO you could leverage the fact that you're more up to date with Bilsky and KSR decisions by the passing of a later/more modern exam. Furthermore, with the rumors that the USPTO will be going to a "first to file" arrangement like other countries, it will only further complicate the exam...I wonder if waiting until this update is in effect would be worthwhile so that you are known to be up-to-date with the current practices viz the "first to file" of the USPTO.
Thanks for anyone's help. Sorry to be so high-strung and worried, but this is the kind of person that the law, in general, encourages.
. Gee whiz it was heavy on the sales pitch... and TBH I don't have $1900 kicking around as a (non-law) student to buy the PLI materials. Mark, I appreciate your input but it doesn't seem to me that the exam cannot be passable unless you buy the PLI review. I don't think the USPTO would make it so that unless you had very specialized expertise, since there's no old test material reflecting the new changes to the exam, you can't pass on your own. It seems that there are about 80 pages of new material between Bilsky and KSR via: http://www.uspto.gov/ip/boards/oed/exam/reg_exam_source_material.jsp . The question is whether or not a given Patent Bar question would ask something that is in MPEP E8R8 but also in those supporting documents (which supercede E8R8) and whether there would be a way to be tricked into an answer that was correct on E8R8 but updated and now incorrect in view of the new materials.I understand the motivation of the PTO to try to increase the applicability of what examiners/agents/attorneys learn towards current practice, but they can't make the exam full of trick questions, and they should understand that instead of searching just the MPEP, you now have 5 other documents to search, which obviously will take extra time. Furthermore, from what I can tell, it looks like there is redundancy in the E8R8 and updated materials, with the new materials having precedence over the E8R8. Surely they won't all of the sudden make the exam much more difficult - that doesn't sound like the government to me.
Here is a general question... Do employers like to see a later date of passing the exam so that the agent/attorney is more up to date with current USPTO practices? My guess is no, it doesn't matter, but i could see how e.g. if you wanted to work at the USPTO you could leverage the fact that you're more up to date with Bilsky and KSR decisions by the passing of a later/more modern exam. Furthermore, with the rumors that the USPTO will be going to a "first to file" arrangement like other countries, it will only further complicate the exam...I wonder if waiting until this update is in effect would be worthwhile so that you are known to be up-to-date with the current practices viz the "first to file" of the USPTO.
Thanks for anyone's help. Sorry to be so high-strung and worried, but this is the kind of person that the law, in general, encourages.
4
Patent Bar Questions / How will E8R8 Differ?
« on: 02-23-11 at 03:28 pm »
I'm planning on taking the patent bar, but probably after the next change in April.
How will the changes affect what I need to study for the exam? Can I still buy older material and study it, and just augment with the newer MPEP and additional docs/decisions?
Any insight here would be very useful, thanks!
How will the changes affect what I need to study for the exam? Can I still buy older material and study it, and just augment with the newer MPEP and additional docs/decisions?
Any insight here would be very useful, thanks!
5
Patent Bar Questions / Re: USPTO to begin testing E8R8 starting in April
« on: 02-23-11 at 03:25 pm »
Any word yet on what day this will change?
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