The Intellectual Property Forum

Hi PatentScientist,

I certainly can understand your frustration with this profession. I am in a similar situation. I can't get a job without the training and I can't get the training without a job. I'm stuck in a dead-end job as an IP manager now, looking for exit options. Matter of fact, how about some advice for me?

The difference here is that I think you might have something to offer an patent law firm, especially a smaller one; the prospect of business. If you go to one and tell them you can bring them some business, they are much more likely to want to talk to you and might be willing to train you. I would caution you that it is very important to find a good mentor, not just someone who has been assigned to look over your work. And I think it is certainly possible to train yourself in drafting and OA responses, etc, but it will be impossible to get other patent attorneys to take you seriously and to find other jobs once they know you have trained yourself. And you will undoubtedly make some colossal blunders along the way. Granted, any errors you make might never see the light of day. The odds are small. After all, what percentage of issued patents are litigated or licensed? How many are just abandoned at the 4 or 8 year mark? Attorneys write these things in the expectation that they will be pulled apart by opposing counsel when in fact just having an issued patent is at least a decent deterrent and might make your client some licensing or royalty fees.

I would suggest doing some research into the smaller firms that do prosecution work in the area of your technical expertise and then approaching them. This takes work, but you are much more likely to get someone to talk with you, especially if you can bring business. You could also try one of the sweatshop firms like Oliff & Berridge. Don't bother with sending them a resume; just call them and talk to a real person, preferably later on in the day.
Good luck.

I'm just curious about the pay scheme at Landon. I used to work at Cardinal and it was $300 per PCT opinion and ostensibly $40 per hour for private searches. Of course, it always worked out that in terms of hours worked, people would have made more as a fry cook at McDonalds.

If it's between an examiner job or one of these search firms, run as fast as you can to the PTO buddy.

If anyone's interested, Smith & Nephew is looking for a Patent Liaison for their Memphis office.

"My advice to you is to start drinking heavily." - Bluto Blutarsky

You could also try for jobs like "IP manager" or "patent liaison." I would not go to law school if I were you unless I had a very good idea that you were going to enjoy this.
I hope you still have a job.

You could also try working for a search firm like Landon IP. It's better than nothing. Avoid Cardinal - it's a viper's nest that treats people like day labourers.

Sending resumes and cover letters is almost completely useless, and should occupy only a small proportion of the time you spend looking for a job. Better to join the "patent agents" section of your local bar or IP association and be prepared to start sucking some ass. Yes, the PTO is in a deep funk and who knows when they'll start hiring again. I started my job hunt 3+ years ago and it took me 2 years to land a decent job, so be ready for a potentially long struggle.

Take the patent bar and see if you can get a job as an agent.
You get to do a lot of what patent attorneys do, the pay is a lot better than $40K/year, and there is very little opportunity cost if you find out you don't like it.

Why don't you try working for Cardinal Intellectual Property or Landon IP, as either a project manager or searcher? They're usually always looking for people.

dsmirig,

Yeah, don't be scared of the JDs and PhDs. It may be considered a handicap to have a JD. The hiring managers probably figure that someone with a JD who is applying to the PTO is just going to leave as soon as they can anyway, whereas someone like you might want to make a career of it. Besides, JDs might be harder to train, having all kinds of preconceived ideas about their role, patent law, etc. There is definetely a thing as being overqualified.

Also, and I can't prove this, they might think that people with all these degrees have a sense of entitlement and might complain. They might figure it's better to pluck an apple off the tree, rather than wait until it is ripe and lying on the ground.

That's kind of tough for those of us with engineering experience who got JDs and are now unemployed or underemployed, but that's the way the cookie crumbles. Life's a bitch.

Ebubar,

How do you know they have a huge number of applications? I tend to agree, but what is your source?

Thanks.