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Patent bar...or not?

Posted: Wed Mar 28, 2012 2:23 pm
by herpderp
Hello, all. I searched the forums but didn't find anything on my question. I'm a 1L at a T30 at median. The job options for my 1L summer actually being legal jobs is drying up and I'm looking at all the options at this point. Essentially, I'm wondering if it would be a smart or dumb idea to use the summer to study for and take the patent bar. I checked and I qualify to take it, so figured it wouldn't be a bad idea. Alternatively, I could do a study abroad option in the summer, but that's expensive. I spoke with a professor about it and my career services office, but haven't gotten much useful information to be honest.

So, for summer...is it better to study for and take the patent bar? Summer abroad? Or desperately continue the 1L summer job search? Thanks in advance.

Re: Patent bar...or not?

Posted: Wed Mar 28, 2012 2:31 pm
by stratocophic
Find a legal job somewhere doing something, doesn't matter where or what, AND pass the patent bar. It's going to get exponentially more difficult in the very near future, and your resume could use the help because median at a T30 isn't somewhere you want to be.

Re: Patent bar...or not?

Posted: Wed Mar 28, 2012 4:43 pm
by Big Shrimpin
stratocophic wrote:Find a legal job somewhere doing something, doesn't matter where or what, AND pass the patent bar. It's going to get exponentially more difficult in the very near future, and your resume could use the help because median at a T30 isn't somewhere you want to be.
TCR. If you're looking for patent gigs, the patent bar will be immensely helpful.

Re: Patent bar...or not?

Posted: Wed Mar 28, 2012 6:24 pm
by Anonymous User
Continue the job search. Lots of 1L internships start opening up in April and May.

Re: Patent bar...or not?

Posted: Wed Mar 28, 2012 7:25 pm
by Anonymous User
If you want to do patent prosecution take it. If you want to do patent litigation don't bother. Every 'big law' patent litigation position I interviewed for stated they didn't care if I took the exam.

Re: Patent bar...or not?

Posted: Wed Mar 28, 2012 7:32 pm
by stratocophic
Anonymous User wrote:If you want to do patent prosecution take it. If you want to do patent litigation don't bother. Every 'big law' patent litigation position I interviewed for stated they didn't care if I took the exam.
Median at a T30 may not have the luxury of being picky; it's sure as hell no slam dunk for IP lit even with a tech background. I'd do everything I could to try and maximize the chances that I would be employed at all from that position, even if it's at a patent mill making 90k, and then begin to worry about whether I could turn my nose up at prosecution jobs in favor of biglaw litigation.

Re: Patent bar...or not?

Posted: Wed Mar 28, 2012 7:43 pm
by Big Shrimpin
stratocophic wrote:
Anonymous User wrote:If you want to do patent prosecution take it. If you want to do patent litigation don't bother. Every 'big law' patent litigation position I interviewed for stated they didn't care if I took the exam.
Median at a T30 may not have the luxury of being picky; it's sure as hell no slam dunk for IP lit even with a tech background. I'd do everything I could to try and maximize the chances that I would be employed at all from that position, even if it's at a patent mill making 90k, and then begin to worry about whether I could turn my nose up at prosecution jobs in favor of biglaw litigation.
Again, TCR. I'm too lazy to dig-up old poasts, but the anon that strat cited (and bolded above) is hilariously incorrect. When I did OCI in 2010, myriad firms hiring for patent lit only loved that I had my reg#. To be sure, however, grades are more important. But again, as strat mentioned, OP isn't in a position to be doing anything that won't maximize his/her chances of getting a jerb.

Re: Patent bar...or not?

Posted: Wed Mar 28, 2012 8:03 pm
by Agent
+1 to each of the two previous posts.

Re: Patent bar...or not?

Posted: Wed Mar 28, 2012 8:08 pm
by Anonymous User
When I did OCI in 2010, primarily looking for patent prosecution, nobody seemed to care that I didn't have my registration number. It's not exactly a difficult credential to get. However, it certainly doesn't hurt to get it. I do think that it can help in convincing people that you're genuinely interested in patent prosecution.

Also, the registration number is useful for patent litigators because there are certain litigation-alternative procedures with the PTO.

Re: Patent bar...or not?

Posted: Thu Mar 29, 2012 8:14 am
by Big Shrimpin
Anonymous User wrote:When I did OCI in 2010, primarily looking for patent prosecution, nobody seemed to care that I didn't have my registration number. It's not exactly a difficult credential to get. However, it certainly doesn't hurt to get it. I do think that it can help in convincing people that you're genuinely interested in patent prosecution.

Also, the registration number is useful for patent litigators because there are certain litigation-alternative procedures with the PTO.

And at least for some boutiques, the number sometimes serves as a proxy for understanding the underlying practices and doctrines upon which litigation (e.g. Non-FRCP issues) often proceeds. Many litigation issues involve something related to prosecution, so while it's not necessary, the number can still certainly help a potential applicant.

Re: Patent bar...or not?

Posted: Thu Mar 29, 2012 7:59 pm
by Anonymous User
I incorporate by reference the comments above.

Although having the patent bar under your belt can be a tremendous asset, it most certainly isn't worth compromising grades to get out of the way. If you have time this summer to fit it in, then go for it... but if you find a better, more enjoyable opportunity (just about anything, really), then go with that.

When it comes to job interviews, Boutique firms and Biglaw firms are looking for different stuff, and the patent bar isn't necessarily one of those things unless you are gunning for a prosecution job. More important to Boutique firms will be any/all relevant scientific work experience you are bringing to the table (and grades of course). More important to Biglaw firms with patent practices will be your grades and whether you are on Law Review or Moot Court. If you get an offer from a firm, chances are they will pay for all of your patent bar review/exam expenses anyway; this is a HUGE money saver!

My recommendation is to find an enjoyable 1L legal job this summer doing something you find interesting. I worked my 1L summer for a criminal trial judge who did ~10 bench trials each day. I have no interest in a career in criminal law, but I found the experience very enjoyable, and I got to see a ton of litigation styles and trial ad. techniques. It gave me a LOT to talk about in my interviews at OCI.

Good luck!

Re: Patent bar...or not?

Posted: Sun Apr 01, 2012 11:38 am
by r6_philly
Anonymous User wrote:If you get an offer from a firm, chances are they will pay for all of your patent bar review/exam expenses anyway; this is a HUGE money saver!
Some firms even pay a stipend or give you paid time off to prep. So if you have other tech assets then this is probably not necessary. On the other hand if all you have is a BS with no WE maybe it would help. Many boutiques have people work in both lit and pros. so it would help to have it. Personally I just tell people I am patent bar eligible and that usually does the trick.

Re: Patent bar...or not?

Posted: Sun Apr 01, 2012 12:23 pm
by stratocophic
My concern with recent advice given, at least for someone who is median at a T30:
Anonymous User wrote:I incorporate by reference the comments above.

Although having the patent bar under your belt can be a tremendous asset, it most certainly isn't worth compromising grades to get out of the way. If you have time this summer to fit it in, then go for it... but if you find a better, more enjoyable opportunity (just about anything, really), then go with that.

When it comes to job interviews, Boutique firms and magic unicorns firms are looking for different stuff, and the patent bar isn't necessarily one of those things unless you are gunning for a prosecution job. More important to Boutique firms will be any/all relevant scientific work experience you are bringing to the table (and grades of course). More important to magic unicorns firms with patent practices will be your grades and whether you are on Law Review or Moot Court.
If you get an offer from a firm, chances are they will pay for all of your patent bar review/exam expenses anyway; this is a HUGE money saver!

My recommendation is to find an enjoyable 1L legal job this summer doing something you find interesting. I worked my 1L summer for a criminal trial judge who did ~10 bench trials each day. I have no interest in a career in criminal law, but I found the experience very enjoyable, and I got to see a ton of litigation styles and trial ad. techniques. It gave me a LOT to talk about in my interviews at OCI.

Good luck!

Re: Patent bar...or not?

Posted: Sun Apr 01, 2012 12:51 pm
by wiseowl
1L summer was the perfect time for me to get it out of the way. It's a huge "hurry up and wait" from your last exam until Loyola and OCI roll around, and so I just studied on nights and weekends when I got home from work. I took the exam the week between Loyola and OCI, so all I told the Loyola interviewers was that I was taking it the next week, and did they have any tips. That was usually a good enough conversation starter.

Re: Patent bar...or not?

Posted: Sun Apr 01, 2012 7:44 pm
by target
wiseowl wrote:1L summer was the perfect time for me to get it out of the way. It's a huge "hurry up and wait" from your last exam until Loyola and OCI roll around, and so I just studied on nights and weekends when I got home from work. I took the exam the week between Loyola and OCI, so all I told the Loyola interviewers was that I was taking it the next week, and did they have any tips. That was usually a good enough conversation starter.
this is a good tip. TY