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I have a technical UG degree which makes me patent bar eligible. I hoped to go into patent law when I started law school and had always planned to take the patent bar. But a judicial internship during law school turned into a clerkship, which then got me in at a small firm. For the past year, I have been working as a litigation attorney in an area of law unrelated to patent law.

I have enjoyed litigation and I feel I would enjoy patent litigation more so than patent prosecution. Is it worth taking the Patent Bar now if my goal is to try to lateral into patent litigation?

it will help in the sense that it 1) demonstrates you are doing more than just casting a bunch of lines out into the job market to see what you can catch, and 2) there are some firms that require their patent litigators to either be patent barred or become patent barred x months after joining the firm (mostly for IP-only firms). definitely beneficial if you are interested in doing ptab work.

Approximate quote from a biglaw partner who teaches my patent lit class: "we prefer litigators who are registered and have prosecution experience because they're generally more comfortable with the patent and they see things that other associates miss."

On top of what's been said above, PTAB litigation requires a reg number.

kcdc1 wrote:On top of what's been said above, PTAB litigation requires a reg number.

pretty sure you can pro hoc in right?

ballouttacontrol wrote:

kcdc1 wrote:On top of what's been said above, PTAB litigation requires a reg number.

pretty sure you can pro hoc in right?

You can, but if you want the work, it's better to be registered. Especially as a junior, there's really no reason not to get your reg number. It takes like a week of effort, and it meaningfully improves your career outlook.

OP here.

Sounds like the consensus is that it is worth it to take the Patent bar, even if one plans on tying to break into IP lit.

Which brings me to my second question: How long do you typically have to study for the Patent bar?

Anonymous User wrote: How long do you typically have to study for the Patent bar?

I've heard of people who study for a month and fail. I've heard of other people who don't study and pass. I haven't really heard of anybody studying more than a month. It's a "where's waldo" exam, so you just need to be familiar enough with the material to look up the exact answer.

/somebody who hasn't taken the patent bar yet

Anonymous User wrote:OP here.

Sounds like the consensus is that it is worth it to take the Patent bar, even if one plans on tying to break into IP lit.

Which brings me to my second question: How long do you typically have to study for the Patent bar?

It's a computer test that asks you questions about PTO rules/procedure, and then you have a few minutes per question to look up the answer in the MPEP. How much you study is up to you, but you're likely to pass if you're familiar enough with the MPEP to know which chapter to go to for any given question (i.e., if it's about patentability, go to X, if it's about appeals, go to Y, if it's about administrative requirements for filing, go to Z). I studied for two days and passed, but I had prior familiarity with the PTO.

Anonymous User wrote:OP here.

Sounds like the consensus is that it is worth it to take the Patent bar, even if one plans on tying to break into IP lit.

Which brings me to my second question: How long do you typically have to study for the Patent bar?

PLI, which is probably the most thorough review course but stupid expensive, recommends "200 hours... one month of full-time study, or two months of part-time study." I think that's probably overkill, but it gives you a reference point for someone with no prior knowledge of arcane PTO rules.

Any recommendations for a decent prep course?

kcdc1 wrote:

ballouttacontrol wrote:

kcdc1 wrote:On top of what's been said above, PTAB litigation requires a reg number.

pretty sure you can pro hoc in right?

You can, but if you want the work, it's better to be registered. Especially as a junior, there's really no reason not to get your reg number. It takes like a week of effort, and it meaningfully improves your career outlook.

Yeah, having a reg number is useful for PTAB stuff. You are much more likely to be made backup counsel as a junior/mid-level. I have seen a few fairly senior attorneys (senior counsels, very senior associates) take the patent bar recently as well.