Re: Beinga a patent lawyer....Patent Bar, LLM?

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Connie,

I've been working as a patent prosecution associate for about a
year now in a small patent boutique firm and I am very happy with
the position. I think I would hate working for a large firm -- Too
many hours regardless of the pay and not enough client
interaction. I like advising people, not writing memos.

Patent-bar -- Double-check the application guide. I believe under
the application rules if you have enough math/science credits you
can take patent bar without having a B.S. degree.

Yes, small clients require lots of hand-holding, but I think
that's the case universally with small clients no matter what type
of practice you are in. I don't mind it now because I find that it
is helping me learn the practice. The other more experienced
attorneys in my firm are not so enthusiastic about small clients
for the same reasons mentioned below and in the other posts. Maybe
I'll feel the same as them in a couple of years. Right now, I look
forward to their calls. Plus, its very rewarding to see them
succeed.

I find large clients can be just as much a pain in the ass if they
have a decision-maker that waffles and hems-and-haws a lot.

Good luck.

On 4/30/05, :ee wrote:
> Patentboi,
>
> All I can say is that your experience markedly contrasts with
> mine. My intentions, anticipations, and all are different from
> what you tell me. And, there are plenty of large, multinational
> companies that have IP needs. I think that that kind of work
> floats around more than you may think.
>
> You do sound bitter about the practice. Good luck with whatever
> you decide to transition to.
>
> My experience with large and small clients are just about the
> same. They do not ignore my communications with them and I
> usually get a good thumbs up from all. I enjoy interacting with
> them and it's rewarding to have an enjoyable rapport.
>
>
> Lee
> On 4/23/05, patentboi wrote:
>> Spare yourself the agony of patent prosecution. If you deal
>> with a large multi-national, you will have the easiest time.
>> However, may be only a hundred partners at the biggest firms in
>> the US have that deal. Thus, you and the ten other guys
>> prosecuting on behalf of that one partner will end up being
>> owned by the partner. If you think that you will inherit that
>> big client because of yur superior performance when the partner
>> retires, just step into the next office and that guy in a moment
>> of truth will tell you the same.
>>
>> With small clients it's a matter of handholding, continuous
>> handholding, they change their mind, they ignore your letters,
>> and at best they barely understand the patent process. They
>> want you to send letters to their competitors threatening them
>> because they make the same product.
>>
>> Try explaining how by crimping product X in the opposite
>> direction the competitor avoids the claim, try reminding them
>> how you advised against the limitation, but they just wanted a
>> patent fast and were willing to take the Examiner's indication
>> of allowance. Well guess what they don't care if you are right
>> or wrong, they just think patents are worthless and that they
>> have been scammed.
>>
>> Patent prosecution will be done using outsourced associates in
>> India and Korea soon, simply because patent proecution for the
>> big clients is a commodity and because the small clients can't
>> afford to pay for the service that they expect.
>>
>> Of course, let's not forget the great patent office rules
>> whereby one slip on you lost your ability to file a
>> continuation. Welcome to patent prosecution.
>>
>> After six years of working may way from small firms to big NYC
>> law firms handling big and small clients, I am thinking of
>> getting out and doing something else, anything else.
>>
>> On 4/03/05, Lee wrote:
>>> On 3/28/05, Connie wrote:
>>>> I have been a praticing attorney since October 2004 in a
>>>> small general practice firm but I want to make the switch
>>>> to IP law. I took 2 IP courses in law scool. I also
>>>> wrote my student law review note on IP and got an LLM in
>>>> international law focusing on International IP. I have an
>>>> undergraduate minor in chemistry and would probably have
>>>> to take a few more courses to be eligible for the patent
>>>> bar. The problem is that I have only had 2 courses in
>>>> IP. Should I get an LLM in IP? How do I get into the
>>>> field? My school was not big on IP so I dont know the
>>>> right path.
>>>
>>> I think you've had enough coursework. Once you take and pass
>>> the patent bar exam, it is crucial that you get practical
>>> experience. Practicing IP law is different from getting the
>>> coursework.
>>>
>>> By the way, I think that you need to take quite a few more
>>> chemistry courses, if memory serves me. I took the patent bar
>>> exam with a bachelor's in chemistry, so I haven't paid keen
>>> attention to the requirements, but I do think it's a fair
>>> number of credits.
>>>
>>>
>>> The key question is what aspect of IP you would like to focus
>>> on. Patents? If so, we generally look for someone with at
>>> least an undergraduate degree in a technical specialty.
>>> Copyrights? Trademarks? You can always "study up" each on
>>> the job. There are good treatises out there that can help you
>>> when you are in (IP) practice: Nimmer on Copyright, McCarthy
>>> on Trademarks.
>>>
>>> Hopefully, you can get a more experienced IP attorney to
>>> mentor you. It's quintessential to have a mentor in the
>>> process. For patents, the learning curve is over one year.
>>> For copyrights and trademarks, the learning curve is less, but
>>> it helps to have someone who can guide you.
>>>
>>> P.S. You can e-mail me if you'd like.