NRR: Patent Agent Bar

Yes - I have PhD in chemical engineering and passed the patent bar exam on the first try. It is a tough exam and there is a high failure rate. I took the patent bar review course offered by The Patent Resources Group (google it). About a month later, I started studying over a ten day period for the exam using the class notes and the CD with previous year's exam questions. Prior to the review class, I had virtually no patent experience.

Trying to pass the exam without taking a review course will almost certainly guarantee failure.

I took the patent bar exam in 2003, just before they went all-electronic. I have undergrad and graduate degrees in physics, and that's still my full-time job. My motivation was job security, as well as being familiar with many of the USPTO rules while working with our corporate attorneys on several patent applications.

I took the video version of the Kayton course and studied the notes, as well as any past exam I could get my hands on. It was pretty tough, but the key is being able to recognize right or wrong answers quickly and narrow down the field. Now, five years later, I still have not taken the step to be a patent agent, but it's something I could do if I wanted to (or had to) make a career change. Patent agents in some fields like biotech are a pretty hot commodity.

I am a corporate lawyer, with lots of experience in intellectual property and computer based transactions and deals.

Take the patent bar - you will never regret it. I marvel at how indispensable patent people are in a dispute - and they get the side of things that reflect an interesting intellectual challenge as opposed to the back and forth that I engage in. And if you are looking very long term for something to do as a precursor to full retirement, this is a very wise move.

I had never heard of this field before (without a law degree at least). Just reading this thread aroused my interest, especially as someone working in a biomedical research lab looking for a career change.

I did a quick google search and it looks like an interesting field that is relatively quick to break into (assuming a degree and the ability to pass the bar). Any of you guys who have passed the patent bar care to give any more personal experiences on types of jobs available/salry/lifestyle etc?

The patent bar pass rate is typically less than 40%. But there are all sorts of clowns taking the test who have not adequately prepared and are hoping to get lucky. While that won't happen (you won't pass the patent bar by luck or sheer smarts), if you are smart enough to get a degree in engineering or science, you are smart enough to pass. You just need to study.

In my view, taking the patent bar without a commerical review class is a complete waste of your time because you will not pass. You will need to pony up the dough for one of the prep classes. I'd say the only people who don't need to take the classes are people whose full time jobs relates to patent applications (e.g. patent examiners, people who work at law firms or corporations preparing applications, etc.) But they still need to study.

As you've figured out by now, you don't have to go to law school to take the patent bar. A nonlawyer who has passed the patent bar is called a patent agent. A lawyer who has passed the patent bar is called, you guessed it, a patent attorney. You just have to have an undergraduate degree in engineering or the hard sciences to take the test. You can also qualify to take it if you have sufficient coursework in these areas even if your degree is in something else.

Where do you work? Some companies will gladly pay the review fees for their scientists and engineers to take the patent bar.

If you are interested in writing patent applications, then take the patent bar. It certainly will open doors for you if you are interested in working for a corporation or a law firm as a patent agent. The primary responsiblities of a patent agent are working with inventors to draft patent application and "prosecute" the applications to issuance at the Patent Office. Patent "prosecution" is NOT the same as patent enforcement or litigation, which involves asserting an issued patent against someone else, e.g. filing a lawsuit for patent infringement. Patent agents usually don't do much in that area. Some companies that are heavily involved in patent litigation have patent agents review patents of others and comment on them, but usually attorneys do that.

calsnailer wrote:

Trying to pass the exam without taking a review course will almost certainly guarantee failure.

This is simply not true. I took it back when I was a grad student and had no money but lots of time. I downloaded the MPEP, read it from front to cover, took a couple old exams, figured out what I didn't know, re-read the relevant portions of the MPEP, and passed the text the first time through. It was a lot of work, but the 1500$ course fees were about two months wages, so it worked out...

As to the original question-- passing the test is certainly a good thing. However, don't expect the world to beat a path to your door until you've actually practiced under an experienced practitioner for a few years.

I always analogize to carpenters and building codes. The USPTO registration examination tests on the mechanics of getting a patent much like a building code test will test on the mechanics of building a house. Although passing either is an important step in becoming a competent agent or carpenter, it is not enough without the practical experience that is gained under the oversight of an experienced practitioner...

Thanks for all the input. One question for 4runner - did you take the test before or after it switched to the online format?

Before.

Frankly, I'd be less likely to pay for a review course with the online format. I was only able to take the exam once every 6 months. With the on-line format, you can take it much more often. It will, eventually, get expensive to keep retaking the test, but at least you don't lose time and money...