Can I Be A Patent Attorney If I Have Not Done Graduation In Science.?
Sunday, February 21st, 2010 at
4:25 am
I have done graduation in economics and law. I have done science subjects till my grade 10 only.
Is it necessary to have an in-depth knowledge of engineering, chemistry and other science subjects to be a Patent Attorney?
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In order to sit for the patent bar and be licensed to practice before the PTO, you must either have a bachelors degree in a hard science or have a certain number and combination of undergraduate science courses (the PTO sets the requirements). However, one can still practice Intellectual Property law without a license to practice before the PTO. As a practical matter, I doubt a firm is going to hire somebody who has no science background to do patent work. They might hire such a person if they were sort of an Intellectual Property law generalist, like somebody who could do litigation support for copyright, trademark, and patent litigation. My take-home is that if you want to do full-time work with patents, get a second degree in a science.
It is not necessary, but it sure helps. A majority of the judges on the Federal Circuit (the Court of Appeals that hears all patent appeals) do not have science backgrounds, and they deal with scientific issues in patent cases all of the time. However, I can say from personal experience (having handled a number of patent cases) that the lack of a science background makes things quite difficult. A patent lawyer without a science background has to learn a lot of science rather quickly, relying upon retained experts to act as tutors.
Firms definitely seem to be more interested in hiring people with those backgrounds to do that kind of work. There’s nothing stopping you from pursuing patent law without a grounding in those subjects, but you’re going to have a lot more to prove.
You’re not going to be hired as a patent attorney without a background in a hard science.
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