US Patent Process

[FUEGO]

Not to scare you or anything, FUEGO, but the patent bar is actually much harder to pass than any state bar, its passage rate is usually in the 55-60% range, instead of 75-85% as with state bars (I found the patent bar really easy though with the preparation I did). There are also less than 30,000 active patent attorneys, so it is a pretty specialized field (less than 2% of JD's become patent attorneys).

True the passage rate is a little less (although not a whole lot less than my jurisdiction's passage rate). But they let anyone with the proper 4 year degree and minimum other qualifications take it. So the sample taking the test probably isn't quite the caliber of the average state bar applicant pool. And you can retake cheaply without severe penalty (I think). State bar makes you wait at least 6 months to a year (exams 2x a year) and my jurisdiction doesn't make it cheap to retake. Added to that is the fact that failing the state bar means you can't work as an attorney till you pass, but failing the USPTO means you take it again soon (most people at my law school took it mid-year 3L) without real penalty.

So the incentive to study "just enough" and take a bigger chance at failing exists at the USPTO exam.

 

[FUEGO]

Hey, you are learning the lingo. I can't understand why they just don't call it the "file."

Good luck on the exam.

Since when are attorneys known for brevity and concise language?

Thanks for the well wishes!

 

[dt123]

I've been a patent attorney for 30 years. Now FI and semi-RE'd at 55. The thing most people overlook is that the value of a patent really depends on the value of the invention it covers. The best-written patent in the world will not have any value if the invention is a left-handed buggy whip (something nobody wants).

The invention has to be on something people will want to buy, and something the competition will have to have in order to compete. If you can keep the competition off your back by way of your patent, you can charge whatever the market will bear and make lots of money (the goal).

Patent attorneys are notoriously bad at evaluating inventions. Some of the dumbest ideas I have seen went on to be big, and the better ideas (in my mind) went nowhere. A lot depends also on the intellect, drive and resources of the people behind the invention. Also luck and timing play roles in the success of an invention. For these reasons most patent attorneys don't want to take "pieces of the action" in lieu of fees for services.

So, to the OP who is cold calling patent lawyers to see if his invention and a patent on it are worth pursuing, good luck with that. You are really the best judge of whether your invention is worth pursuing. A patent attorney with any experience is unlikely to say much in that regard.

 

[FUEGO]

Hey, uh, I know this is a forum devoted to the goal of NOT working, but uh, are any of you patent attorneys hiring? Seriously, any idea if the demand for newly minted patent attorneys is starting to pick back up?

 

[plex]

From what I saw out there, and from what I have read online, while the IP market did definitely take a hit (not licensing though), it is no where near as bad as it is at the general practice firms. I also think the worst is now over. That said, as always, the firms really care about what kind of undergrad background you have, for prosecution, just passing the patent bar itself is not sufficient, though it is certainly necessary.

As a side note, I will also be out there in the patent attorney job market come summer when I graduate as a 3L. I'd also prefer a smaller (and more sane) setting, but I will take what I can get.

 

[tryan]

Here's an update ... 2 of the 6 returned my call. My last pick (a young kid who just passed the test ... sorry fuego!) and my first pick (an old timer with 30+ years patent law). The young kid said he'ld have to talk to his "boss" and get back to me ... this is going nowhere.

Had a great chat with the old timer. Lots of war stories about pushing patents past "incompetent patent office employees who are working for the goverment because they failed thier tests". Also explained that patents need renewal fees at 3.5-4 years and 7 years. If these fees are not paid, the idea goes back to the public domain (anybody can pick them up).

So I asked him to spent 2 hours or less to determine if my idea is patentable. Not looking for as assesment of marketability (I'll take that risk). Just don't want to infringe on someone else's idea.

Stay tuned ...