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Getting Into IP

Posted: Sat Sep 20, 2014 1:48 am
by shredderrrrrr
Hey all!

My situation: I am a 3L and, through all my coursework and work experience during law school, I have learned that I want to practice intellectual property. Trademark law is what interests me the most, but I am also very interested in copyrights and patents. The problem I'm having is not a unique one: I do not have a science background (damn philosophy, criminology, and sociology majors). All the firms I have talked to in town have told me they are interested in expanding their IP staffing, but they aren't interested in someone who can't practice patent law (since it is such a large portion of their business). Fair enough. But I know IP is what I want to practice and am thus willing to do what is necessary to be able to do so.

My question then is this: What is the best way for someone to go from having no science background to being able to practice patent law? Would I need to go back to school and get an entirely new bachelor's degree (hopefully with some of my UG credits transferring)? I read the USPTO guidelines and it looks like a bachelor's degree is not necessary if you have the necessary credit hours in the specified areas. Could I just enroll at a local school, take the 30 or so science credits, and then sit for the bar (without getting a degree)? Or would this be a waste with regards to employment?

TL;DR: What is the best/most practical way for someone without a science degree to acquire the requisite knowledge/qualifications to be marketable at IP firms?

Re: Getting Into IP

Posted: Mon Sep 22, 2014 1:52 pm
by shredderrrrrr
Any thoughts?

Re: Getting Into IP

Posted: Mon Sep 22, 2014 1:56 pm
by FSK
There are firms that hire just for soft-IP. Check out Fross Zelneck & Patterson Belknap. Copyright & Trademark offices have large legal staff.

Re: Getting Into IP

Posted: Mon Sep 22, 2014 5:33 pm
by bulinus
I don't know anything about the trademark atty market, but patent law is a pipe dream for someone w/o a science and engineering background.

Re: Getting Into IP

Posted: Mon Sep 22, 2014 6:03 pm
by SFSpartan
shredderrrrrr wrote: My question then is this: What is the best way for someone to go from having no science background to being able to practice patent law? Would I need to go back to school and get an entirely new bachelor's degree (hopefully with some of my UG credits transferring)? I read the USPTO guidelines and it looks like a bachelor's degree is not necessary if you have the necessary credit hours in the specified areas. Could I just enroll at a local school, take the 30 or so science credits, and then sit for the bar (without getting a degree)? Or would this be a waste with regards to employment?

TL;DR: What is the best/most practical way for someone without a science degree to acquire the requisite knowledge/qualifications to be marketable at IP firms?
The best way for someone having no science background to pass patent law is to acquire said background by way of a CS/EE degree. Most patent shops now want people with these backgrounds, as they are increasingly being demanded by clients.

Even if you are eligible for the Patent Bar via the 30 credit option that you mentioned, firms are often looking for someone with a technical background. For example, when my firm was looking to hire a new IP associate, they looked for a candidate that was both patent bar eligible AND had a specific technical background.

That said, you can get trademark and copyright stuff for sure without a technical background. You also might be able to get patent lit after proving yourself in general lit for several years, but there's no guarantee.

Re: Getting Into IP

Posted: Mon Sep 22, 2014 6:05 pm
by FSK
So you're a 3L, so I'm assuming you've missed the Copyright honors program & 3L hiring (Patterson hires 3Ls). Your best bet is a clerkship if you can get one I think.

Re: Getting Into IP

Posted: Mon Sep 22, 2014 6:40 pm
by shredderrrrrr
bulinus wrote:I don't know anything about the trademark atty market, but patent law is a pipe dream for someone w/o a science and engineering background.
As I've heard. My question is what constitutes a "science and engineering background." If I go back to school and get a degree, say, in electrical engineering, would patent law be realistic? Or when you say "background" do you mean work experience, graduate degrees, etc.?

Re: Getting Into IP

Posted: Mon Sep 22, 2014 6:41 pm
by shredderrrrrr
flawschoolkid wrote:There are firms that hire just for soft-IP. Check out Fross Zelneck & Patterson Belknap. Copyright & Trademark offices have large legal staff.
Thanks for this. Unfortunately I'm quite limited by location. I live in bigger midwest town and my wife isn't willing (or able) to move anytime soon.

Re: Getting Into IP

Posted: Mon Sep 22, 2014 6:44 pm
by zoomzoom88
shredderrrrrr wrote:
flawschoolkid wrote:There are firms that hire just for soft-IP. Check out Fross Zelneck & Patterson Belknap. Copyright & Trademark offices have large legal staff.
Thanks for this. Unfortunately I'm quite limited by location. I live in bigger midwest town and my wife isn't willing (or able) to move anytime soon.

then you aren't getting soft ip.

Re: Getting Into IP

Posted: Mon Sep 22, 2014 6:50 pm
by zoomzoom88
[quote="shredderrrrrr"]Hey all!

My situation: I am a 3L and, through all my coursework and work experience during law school, I have learned that I want to practice intellectual property. Trademark law is what interests me the most, but I am also very interested in copyrights and patents. The problem I'm having is not a unique one: I do not have a science background (damn philosophy, criminology, and sociology majors). All the firms I have talked to in town have told me they are interested in expanding their IP staffing, but they aren't interested in someone who can't practice patent law (since it is such a large portion of their business). Fair enough. But I know IP is what I want to practice and am thus willing to do what is necessary to be able to do so.

You need to talk to your S/O and see if there are any options that would accommodate both careers if you feel this strongly.

Re: Getting Into IP

Posted: Mon Sep 22, 2014 6:52 pm
by patogordo
go solo and get in on the ground floor of copyright trolling

Re: Getting Into IP

Posted: Mon Sep 22, 2014 7:03 pm
by FSK
zoomzoom88 wrote:
shredderrrrrr wrote:
flawschoolkid wrote:There are firms that hire just for soft-IP. Check out Fross Zelneck & Patterson Belknap. Copyright & Trademark offices have large legal staff.
Thanks for this. Unfortunately I'm quite limited by location. I live in bigger midwest town and my wife isn't willing (or able) to move anytime soon.

then you aren't getting soft ip.
Some huge percentage of all IP matters are LA/NY/DC. An even bigger percentage of soft-ip are LA/NY.

Re: Getting Into IP

Posted: Mon Sep 22, 2014 7:26 pm
by shredderrrrrr
SFSpartan wrote:
shredderrrrrr wrote: My question then is this: What is the best way for someone to go from having no science background to being able to practice patent law? Would I need to go back to school and get an entirely new bachelor's degree (hopefully with some of my UG credits transferring)? I read the USPTO guidelines and it looks like a bachelor's degree is not necessary if you have the necessary credit hours in the specified areas. Could I just enroll at a local school, take the 30 or so science credits, and then sit for the bar (without getting a degree)? Or would this be a waste with regards to employment?

TL;DR: What is the best/most practical way for someone without a science degree to acquire the requisite knowledge/qualifications to be marketable at IP firms?
The best way for someone having no science background to pass patent law is to acquire said background by way of a CS/EE degree. Most patent shops now want people with these backgrounds, as they are increasingly being demanded by clients.

Even if you are eligible for the Patent Bar via the 30 credit option that you mentioned, firms are often looking for someone with a technical background. For example, when my firm was looking to hire a new IP associate, they looked for a candidate that was both patent bar eligible AND had a specific technical background.

That said, you can get trademark and copyright stuff for sure without a technical background. You also might be able to get patent lit after proving yourself in general lit for several years, but there's no guarantee.
Thank you so much for this. Really helpful. I heard similar recommendations to pursue EE or CS degrees from local patent attorneys. If I'm going to go back for 24 hours or whatever is required, I think I may as well just commit to the degree. Unfortunately non-patent IP is likely out of the picture in the smaller market I'm restricted to.

Re: Getting Into IP

Posted: Mon Sep 22, 2014 7:27 pm
by shredderrrrrr
zoomzoom88 wrote:
shredderrrrrr wrote:
flawschoolkid wrote:There are firms that hire just for soft-IP. Check out Fross Zelneck & Patterson Belknap. Copyright & Trademark offices have large legal staff.
Thanks for this. Unfortunately I'm quite limited by location. I live in bigger midwest town and my wife isn't willing (or able) to move anytime soon.

then you aren't getting soft ip.
Yeah, I've accepted that (hence why I'm considering how best to enable myself to be able to practice patent law).

Re: Getting Into IP

Posted: Mon Sep 22, 2014 7:48 pm
by bulinus
Are you sure the market you can't move from for family reasons even has appreciable EE/CS stuff?

Re: Getting Into IP

Posted: Mon Sep 22, 2014 11:28 pm
by shredderrrrrr
bulinus wrote:Are you sure the market you can't move from for family reasons even has appreciable EE/CS stuff?
Only to the extent that the local IP attorneys have told me that it is what I should get an education in.