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Xibanya
Sep 17, 2012




Clever Betty
Hi BFC. I want to learn more about the life and work of a patent practitioner - especially a patent agent. My dad has been a patent agent for 22 years (after having been in semiconductors for about 20) and I have spoken to him about what he does but he made it clear to me that his experience is outside the norm. For the benefit of others, I'll elaborate a bit on what he told me.

There are a bunch of different kinds of people who work with patents. They are:

Patent Practitioners
These guys prepare and file patents
- Patent Attorneys
Have passed the patent bar
They have a JD and probably work for a law firm.
They are not particularly technical and might not know much about the tech they're filing a patent about
Tend to make more money than agents and look down on them
- Patent Agents
Have passed the patent bar
They don't have a JD but they have a BS or other technical degree.
They tend to be highly specialized with strong ties to industry and long experience dealing with whatever they are writing patents about
There are two kinds: very connected and sought after, billing patent attorney level $$$ per hour, and everybody else (apparently not making much money)
Can't represent anyone in court but can be an expert witness (apparently some make a living performing as such)

Patent Lawyers
These guys can do litigation and trademarks and stuff like that but haven't passed the patent bar

Patent Examiners
Dad says that most of them are just trying as fast as they can to get through it as a checkbox on their path to being a patent attorney or patent lawyer. He says if you encounter one who has been in the position for 5 years or more they are either really great or staggeringly incompetent due to the Peter Principle. He also said a lot of them don't speak English very well. :ohdear: Oh, Dad.

A patent agent
* Prepares and files patent applications
* Responds to office actions (notices from the USPTO)
* Has to deal with inventors, their managers, examiners, other patent practitioners, and annoying corporate types
* Buys malpractice insurance or is intensely paranoid about being sued
* Can have their own practice and deal with office filing, taxes, rent & utilities, and other non patent-related activities, or work for a firm and deal with office politics and other bullshit

If you work with patents, tell me about it. What are the barriers to entry (other than the patent bar?) Are you a member of a firm or private practice? Do you like your job? What does your average day look like? Just how deeply entrenched in the industry do you have to be in order to be successful? What other stuff should I know if I am interested in being a patent agent?

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Saros
Dec 29, 2009

Its almost like we're a Bureaucracy, in space!

I set sail for the Planet of Lab Requisitions!!

Are you interested in becoming a patent agent? (Patent Attorney is what it's called most other countries) That's not entirely clear from your post. I don't have a lot of experience with US specific stuff other than dealing with the USPTO and US based attorneys occasionally (NZ/AUS and EPO mostly) but I have worked for three years as an Examiner.

The easiest and probably best way to get into the field is via a graduate recruitment program from a law firm. You will need really really good marks from university in a STEM field and/or a PhD (higher degree requirement is more common in chemistry/biology). The most growth is in chemistry and Electrical engineering at the moment as far as I can tell. The Examiner -> Attorney route is also another common path with people putting a few years in as an examiner then transitioning to a firm. I personally fell into it by accident after I needed a job quickly when an earthquake destroyed the lab I was working in.

Pay is generally pretty good and easily better than almost anything you will find with a science degree, after a year as an examiner I was making about 60K USD + benefits and I only have a BSc in microbiology. As far as I know US examiners get paid pretty well but are forced to work correspondingly harder and are chronically behind filings at all times. However it takes a long time to be compeditive with Engineering salaries.

The main downside is that its definitely an office job, you come to work in a suit an sit in an office all day long. Hours for Attorneys/Agents can also be long but that's expected for lawyer work. Examiners are always inundated with work and there are always more applications. You'll also learn to hate the Korean patent office because they do IPRP reports on PCT applications but loving suck balls at it making enormously more work for you.

Saros fucked around with this message at 16:18 on Jun 29, 2014

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