Please let me know how viable this idea is.
My background: I was a software engineer for several years before I went to law school. I graduated and passed the bar but I never practiced. I'm fairly entrepreneurial. I know what it's like to build a successful business but I also know what it's like to fail. Not every idea is a winner and I think failure at business is definitely a learning experience.
I'm looking to take the patent bar and start a small patent practice. Getting clients won't be an issue as I have a lot of experience with marketing both online and off. I know the cost of acquiring customers and I'm pretty good at networking. I'm under no delusions as to the difficulty of acquiring a client.
That being said, my biggest question is really my own competency. I'm not looking to start a huge corporate practice. I really want to work with small business and solo inventors. I would have no problem rejecting work if it was beyond my ability. Money is not really a huge issue either. I'm not look to get rich as I have other businesses that produce residual income.
So the question. Can someone with no practical experience writing patents take the patent bar and open a small practice? I've read a lot of post here and I'm sure a lot of people will respond with, "Sure if you want to get sued for malpractice and never be an attorney again go ahead."
Can anyone who runs a small practice offer some insight?
Thank you.
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The Intellectual Property Forum |
- 06-19-13 at 11:00 am
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41
on: Yesterday at 11:00 am
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| Started by TobiasFunke - Last post by TobiasFunke | ||
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42
Patents / Becoming a Patent Agent/Lawyer / Re: significance of summer associateships as an examiner/evening law student
on: Yesterday at 10:52 am
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| Started by examiner0990 - Last post by examiner0990 | ||
This may be a stupid question, but is there any tolerance at the PTO for the idea of an unpaid 10 week leave of absence? I went to LS while working FT as a scientist and (like you) didn't want to give up a great job (which would be gone for good once given up) just for the sake of ticking the SA box. `Course, that was corporate America not the gummint.... Just a thought. |
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43
Patents / Becoming a Patent Agent/Lawyer / Re: significance of summer associateships as an examiner/evening law student
on: Yesterday at 10:49 am
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| Started by examiner0990 - Last post by examiner0990 | ||
I interviewed at several large firms for "student associate" positions and it seemed like the demands were too high for what they were offering. Yes, student associate refers to working during school. It seems that firms refer to these positions interchangeably as "student associates", "patent agents" and "technical specialists" with perhaps some degree of differentiation between them based on expected billables. I meant "low" relative to current PTO examiner salaries. Without getting into too much detail, the numbers I have heard for student associates/patent agents/technical specialists are (on average from various firms): ~$95-100k, 1700-2000 billable hours, varying levels of tuition reimbursement. The PTO salary for examiners who are primaries (or nearly primaries) is approximately 95-110k, but no billable requirements and no tuition reimbursement, plus increased flexibility. |
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44
Other / Copyright Forum / Collection of "orphan" photographs for both educational and commercial use
on: Yesterday at 10:43 am
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| Started by mse12 - Last post by mse12 | ||
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I am representing a large national university who has a massive collection of photographs. Most were donated by historical societies and the like. Unfortunately, there are some older photographs which the university is unsure of their origin. My first impression is that they can use the photographs themselves uninhibited (for the most part) under the doctrine of fair use for educational purposes.
However, here is where it gets tricky. A local author wants to use about 9 photographs from the aforementioned archives which the university is not sure who owns. If it matters, the photographs are of a historical building that is quite old and is actually on property now owned by the university. The university is inquiring into the possibility of letting the author use these images as all searches to find the owners have yet to turn up anything. Another question I have, which may be dumb, is whether the university could potentially attach some sort of disclaimed that said (in plain terms) "We are not the rightful copyright owner of these images so you, author, can use them, but at your own risk." Any thoughts? Thanks in advance! |
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45
on: Yesterday at 10:42 am
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| Started by Copypasta - Last post by Oh, Crud | ||
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There is a rouge website with the address mpaa.org. It is a horrible rouge website ... "Maybe it's Maybelline."  |
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46
Patents / Becoming a Patent Agent/Lawyer / Re: significance of summer associateships as an examiner/evening law student
on: Yesterday at 10:31 am
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| Started by examiner0990 - Last post by Oh, Crud | ||
... They are not going to not consider you because you weren't a summer associate. You had a good reason for not being a summer associate: you had a full time job already. A full time job at the PTO. Examining patent applications. No firm that you would actually want to work for would view that as a strike against you. This in my opinion says it all. While I may also suffer from old man's nostalgia syndrome, I can't fathom how working straight through LS as an examiner can be held against you come OCI/hiring time. On the contrary, it should be a plus. As long as you don't spend another several years after graduation at the PTO before you decide you want to strike out into private practice, that is. This may be a stupid question, but is there any tolerance at the PTO for the idea of an unpaid 10 week leave of absence? I went to LS while working FT as a scientist and (like you) didn't want to give up a great job (which would be gone for good once given up) just for the sake of ticking the SA box. `Course, that was corporate America not the gummint.... Just a thought. |
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47
Patents / Patent Filing and Prosecution / Re: IDS question regarding "known to any individual...more than 3 months prior"
on: Yesterday at 10:15 am
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| Started by lak0915 - Last post by Oh, Crud | ||
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(trimming quote liberally for length) ...We have a family of 6 cases they share a spec but are directed to different inventions. We had an allowance come in for one case in early March. We had an OA come in for one of the other cases in mid April. ....We interviewed the other case with the OA a fee [few] days after paying the issue fee in the allowed case. We have been cross citing all art so we want to cite the art from the OA in the allowed case even though some of the art in my opinion is cumulative. We told her we have to pull the case from issue to cite the art. ....The client is VERY upset ...Any advice on how to deal with her? ... [again]... We took a look at the art again and it is cumulative of what has been cited already but since we have cross cited everything so far, stopping now would potentially seem like we are intentionally not citing the art. .... Has anyone ever simply cited "art to the file" at the PTO? I.e., not filed an IDS but rather simply submit a general transmittal letter, naming the (cumulative) "patent which was cited by the Office in case 13/121,121" and asking that it be made of record in an allowed case? But the main thing that is important is the word "cumulative". If truly so, a note to the file (of the allowed case) should be sufficient. |
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48
on: Yesterday at 10:07 am
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| Started by lak0915 - Last post by khazzah | ||
The PTO seems to take the position that Section 113 is a threshold question as to whether any drawings at all are required, but that once this drawings-are-required threshold is crossed, all features must be illustrated. Yeah, pretty much. As I said, routinely ignored every single day by many Examiners. But still. |
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49
Patents / Becoming a Patent Agent/Lawyer / Re: significance of summer associateships as an examiner/evening law student
on: Yesterday at 10:06 am
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| Started by examiner0990 - Last post by khazzah | ||
I interviewed at several large firms for "student associate" positions and it seemed like the demands were too high for what they were offering. By "student associate," are you referring to working during school? And by "demands" and "offering" do you mean they want you to work what you consider to be a lot of hours for what you consider to be low pay? Low relative to what? Low relative to what they pay full-time J.D.s who have passed the state bar? |
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50
Patents / Becoming a Patent Agent/Lawyer / Re: significance of summer associateships as an examiner/evening law student
on: Yesterday at 10:00 am
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| Started by examiner0990 - Last post by examiner0990 | ||
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That is reassuring. Thanks!
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