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Patent Bar for Patent Prosecution Only?

Posted: Mon Jul 12, 2010 9:13 pm
by risktaker
I will be entering law school in the fall of 2011. I have a B.S. in Biochemistry and Cell Biology and will be going to law school to pursue patent law. I have heard that w/o PHD or engineering degree, it's impossible to do patent prosecution. I also heard that a patent bar is only taken for patent prosecution. So, my question is this, should I take the patent bar if my only option after law school is patent litigation? If I do take the patent bar, I would plan to take it before I start law school. All responses would be greatly appreciated. Thank you.

Re: Patent Bar for Patent Prosecution Only?

Posted: Mon Jul 12, 2010 9:27 pm
by BriaTharen
risktaker wrote:I will be entering law school in the fall of 2011. I have a B.S. in Biochemistry and Cell Biology and will be going to law school to pursue patent law. I have heard that w/o PHD or engineering degree, it's impossible to do patent prosecution. I also heard that a patent bar is only taken for patent prosecution. So, my question is this, should I take the patent bar if my only option after law school is patent litigation? If I do take the patent bar, I would plan to take it before I start law school. All responses would be greatly appreciated. Thank you.
Go ahead and take it. It'll cost you about $500 at then end of the day (with all the test fees and notary fee if you pass), but it will help more than hurt.

Re: Patent Bar for Patent Prosecution Only?

Posted: Mon Jul 12, 2010 11:04 pm
by sbalive
The advice I got was that if you're going to do it, do it when you have time to do it, but don't feel like you have to get it done as soon as possible. I know people who get it as associates, and it's paid for by firms (but of course you're a lot busier then of course). Also, lots of people with backgrounds like yours don't do patent lit anyway, or they get hired in patent lit but diversify depending on firm needs, evolving interests, etc.

Re: Patent Bar for Patent Prosecution Only?

Posted: Tue Jul 13, 2010 10:31 pm
by Bosque
Just FYI: you might be able to do patent lit with your degree, but that doesn't mean it is going to be easy to break into with your degree. Not saying you shouldn't try, just don't expect it to be any easier than any other specialty for you.

Re: Patent Bar for Patent Prosecution Only?

Posted: Wed Jul 14, 2010 2:32 am
by risktaker
Should I just try to find another specialty then? I do not want to go into a field where my employment post graduation is highly questionable. I know this applies to other specialties as well, but I do not want to become a patent lawyer only to find out I can't find a job related to patent law period

Re: Patent Bar for Patent Prosecution Only?

Posted: Wed Jul 14, 2010 1:41 pm
by sbalive
risktaker wrote:Should I just try to find another specialty then? I do not want to go into a field where my employment post graduation is highly questionable. I know this applies to other specialties as well, but I do not want to become a patent lawyer only to find out I can't find a job related to patent law period
There are no specializations in law school, as such. If you're genuinely interested in patent lit, by all means, join a student group related to it, try to do a 2ndary IP journal if you have that option & don't do LR, take patent classes, etc. -- it'll help your chances but it won't foreclose anything either. Keep an open mind.