Should I work as a Patent Attorney (Law Clerk) for the USPTO Forum

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chraruce

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Should I work as a Patent Attorney (Law Clerk) for the USPTO

Post by chraruce » Tue Jul 03, 2018 12:07 am

I am interviewing for a one-to-two year clerkship with the PTAB at the USPTO, and I wonder whether taking the job makes sense for my career.

For some background, I have almost two years of experience at a vault 100 firm in a secondary market. I did patent litigation for a little over a year and I then switched to patent prosecution. Before law school, I worked as a patent examiner. For what it’s worth, my background is in EECS (with sub 3.0 gpa) from a top engineering school, and I graduated at around the top 40% of a T30 law school.

Would I kill my chances of getting another big firm job if I take the USPTO job? What about going back to private practice at perhaps a smaller firm or even in-house? Would those options be foreclosed? In essence, is it a career mistake to take this clerkship?

The job seems interesting since I would be exposed to the ins and outs of the PTAB, which can only make me a better patent practitioner. In addition, I may want to create permanent opportunities at the USPTO for myself.

Even though I am not sure that I want to make the sacrifices needed to become a partner at a large firm, I’d like to make a decent living and keep the option to move back to the private sector.

Thoughts?

jhett

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Re: Should I work as a Patent Attorney (Law Clerk) for the USPTO

Post by jhett » Tue Jul 03, 2018 10:27 am

I don't think this clerkship will kill your chances of landing a firm job afterwards, but it does have certain implications. It signals that you are interested in IPR/post-grant practice - is that what you want to do? After this clerkship, it would be easiest for you to move to a firm that has a big post-grant practice. Also, you could stay at the USPTO and become a APJ. The clerkship won't really help you with in-house jobs - they usually rely on outside counsel for that experience and seek in-house counsel with that experience.

Why did you apply to this clerkship? Are you unhappy at your current firm or with your current practice? If so, can it be fixed by moving firms (e.g., to a firm with a big post grant practice)? Or do you want to expand your knowledge in a way that only a clerkship can deliver?

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Re: Should I work as a Patent Attorney (Law Clerk) for the USPTO

Post by Anonymous User » Tue Jul 03, 2018 3:27 pm

I applied to this and had the phone interview a few weeks ago. Have they begun to call people back for in-person interviews? I know they mentioned they would probably complete the hiring process by the end of summer.

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Re: Should I work as a Patent Attorney (Law Clerk) for the USPTO

Post by Anonymous User » Wed Jul 04, 2018 11:36 am

jhett wrote:I don't think this clerkship will kill your chances of landing a firm job afterwards, but it does have certain implications. It signals that you are interested in IPR/post-grant practice - is that what you want to do? After this clerkship, it would be easiest for you to move to a firm that has a big post-grant practice. Also, you could stay at the USPTO and become a APJ. The clerkship won't really help you with in-house jobs - they usually rely on outside counsel for that experience and seek in-house counsel with that experience.

Why did you apply to this clerkship? Are you unhappy at your current firm or with your current practice? If so, can it be fixed by moving firms (e.g., to a firm with a big post grant practice)? Or do you want to expand your knowledge in a way that only a clerkship can deliver?
OP here... I am using my iPhone and I posted anonymously by mistake. I’ll fix this later.

Thank you for your insights.

I applied because I thought that working for the PTAB would give me “insider” knowledge that might help in the future. For example, I found that my prior experience as a patent examiner lets me build rapport with examiners now that I am on the other side. I also know their motivations, which makes me a stronger “negotiator” during prosecution. I think working at the PTAB could provide similar advantages if I later represent clients on prosecution appeals, IPRs, and other post-grant proceedings. So I would not mind signaling to firms that I want to do that work. I enjoy patent litigation a lot, and IPRs feel a lot like patent litigation.

I also came out with a great impression of the USPTO after working as an examiner. I think that if I end up as an APJ or in the patent solicitor’s office or in one of the policy offices, I’d enjoy the work.
Last edited by Anonymous User on Fri Jul 06, 2018 12:07 am, edited 6 times in total.

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chraruce

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Re: Should I work as a Patent Attorney (Law Clerk) for the USPTO

Post by chraruce » Wed Jul 04, 2018 11:49 am

Anonymous User wrote:I applied to this and had the phone interview a few weeks ago. Have they begun to call people back for in-person interviews? I know they mentioned they would probably complete the hiring process by the end of summer.
I think so. I also had the phone interview a few weeks ago. I thought I was out. I then got about a ten-day notice before the in-person interview. I’m going to the alexandria location. They won’t pay for travel expenses, so be ready to pay a bit extra for a flight or be ready to drive there with a short notice.

As a fellow TLSer, I hope they call you soon. I’m very likely to take this position though, so don’t count on mine ;-) (haha! I’m totally counting chips that I don’t even have here).

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Re: Should I work as a Patent Attorney (Law Clerk) for the USPTO

Post by Anonymous User » Fri Apr 19, 2019 6:05 pm

How long after the in-person interview were each of you updated about the status of the clerkship? What's the timeline/process like?

Thanks!

Yaquilawyer

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Re: Should I work as a Patent Attorney (Law Clerk) for the USPTO

Post by Yaquilawyer » Mon Feb 03, 2025 9:27 am

chraruce wrote:
Wed Jul 04, 2018 11:49 am
Anonymous User wrote:I applied to this and had the phone interview a few weeks ago. Have they begun to call people back for in-person interviews? I know they mentioned they would probably complete the hiring process by the end of summer.
I think so. I also had the phone interview a few weeks ago. I thought I was out. I then got about a ten-day notice before the in-person interview. I’m going to the alexandria location. They won’t pay for travel expenses, so be ready to pay a bit extra for a flight or be ready to drive there with a short notice.

As a fellow TLSer, I hope they call you soon. I’m very likely to take this position though, so don’t count on mine ;-) (haha! I’m totally counting chips that I don’t even have here).
Did you end up getting the job? If so, can you about your experience?

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