How to become a patent lawyer

Patent lawyers help inventors and companies secure and enforce patents. This helps protect intellectual property and fosters innovation. Discover what a typical day looks like for a patent lawyer and learn about the steps to become one.

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What does a patent lawyer do?

Patent lawyers specialize in helping clients secure and protect patents for their inventions. They advise on patentability, draft applications, and handle infringement cases. A firm grasp of legal principles and technical expertise are essential for success in this field.

Key skills

Analytical thinking, legal writing, research, negotiation, technical knowledge, and attention to detail are all crucial skills for a patent lawyer.

Workplace settings

Patent lawyers often work in law firms, corporate legal departments, or government agencies. They may collaborate with inventors, engineers, and scientists to understand the technical details of inventions and advise on legal strategies.

Steps to become a patent lawyer

Becoming a patent lawyer typically requires a combination of formal education, technical knowledge, and legal expertise.

Many aspiring patent lawyers take the following steps:

Step 1: Earn a bachelor's degree in a technical or scientific field

Aspiring patent lawyers can start by earning their bachelor's degree in science or engineering, with top fields including biology, bioengineering, chemistry, civil and electrical engineering, and physics. These majors provide a strong technical foundation, helping lawyers understand and protect client inventions.

Step 2: Attend law school and pass the board exam

After earning a four-year undergraduate degree and passing the Law School Admission Test (LSAT), your next step to becoming a patent lawyer is completing a Juris Doctor (JD) from an ABA-accredited law school. You must then pass your state's two-day bar exam to obtain a law license.

Step 3: Pass the USPTO exam

In addition to the state bar exam, patent lawyers must pass the United States Patent and Trademark Office (USPTO) registration exam, known as the patent bar, to represent clients in patent cases. This exam requires extensive knowledge of patent law and technical expertise, making it essential for aspiring patent attorneys.

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Frequently asked questions

What is a patent law degree?

A patent law degree typically refers to a JD with a focus or specialization in intellectual property law, particularly patent law. It helps equip law school graduates with the legal knowledge and skills needed to assist clients in obtaining and defending patents for their inventions.

How much does a patent lawyer make a year?

According to the Bureau of Labor Statistics, lawyers as a general category earn a median annual salary of $145,760 as of May 2023. However, this can vary based on location, specialization, and years of experience. Experienced patent attorneys in large firms or specialized industries may earn significantly more.

How long does it take to become a patent lawyer?

The path to becoming a lawyer is long, and specializing in patent law involves additional steps. Becoming a lawyer generally requires seven years of education, a four-year bachelor's degree, and three years of law school.

Patent lawyers must pass both the state and patent bar exams, which can add more time to the journey.