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Patent Attorney


A patent attorney specializes in representing clients who are trying to obtain patents. They act in all matters and procedures relating to patent law practice. In order to become a patent attorney one must endure an intense and rigorous education and training. Passing the state bar and the patent state bar are also required.

Most patent attorneys work in intellectual property law firms, however, some also work for corporations, universities or other organizations that research and develop inventions or purchase the rights to inventions. Although not rare, a small percentage of patent attorneys are self-employed, either practicing in their own firm, or they work solely for an individual or corporation (in-house counsel). Some patent attorneys also hold positions within the Federal Government. If a law firm is not specifically about intellectual property law, patent attorneys may still work in an intellectual property law department.

Patent Attorney’s Educational Requirements

Patent attorneys need to earn a bachelor’s degree in science or engineering. Plus, they need to earn a Juris Doctor degree from an accredited law school. After earning both degrees, he or she must then be admitted to the State Bar. To do this, generally there is a state bar examination an applicant must pass before being able to practice. To represent clients before the US Patent and Trademark Office, patent attorneys must be licensed with the Office. In order to get licensed, the attorney must take and pass USPTO’s patent bar examination.

There are three categories (A, B, C) of patent attorneys, based on whether or not they meet the scientific and technical training requirements. Prospective patent attorneys looking for a Category A qualification should earn a bachelor’s degree in one of the following subjects:

  • Biology
  • Computer Science
  • Chemistry
  • Biochemistry
  • Microbiology
  • Physics
  • Mechanical Engineering
  • Biomedical Engineering
  • Civil Engineering
  • Chemical Engineering
  • Electrical Engineering

Category B provides four qualification options, where each option sets a requisite number of semester hours in physics, biology, chemistry, computer science and/or engineering. Qualifying for Category C is done simply by proving you have taken and passed the Fundamentals of Engineering examination.

During law school, courses that prove to be beneficial to prospective patent attorneys include:

  • Writing classes (all types)
  • Conflicts
  • Remedies (if your school has the course)
  • Secured transactions
  • Commercial transactions
  • Evidence, trial practice, advanced civil procedure
  • Patent Law
  • Trademark Law
  • Copyright Law
  • Antitrust Law

Alternative Names

Patent attorney; patent agent; intellectual property lawyer; patent practitioner

Patent Attorney Duties

Patent attorneys have many duties when it comes to representing clients in and out of court. Besides representing clients in legal proceedings, and acting as the ears, brain and mouth of them, patent attorney duties include:

  • Research
  • Talk with inventors
  • Learn about different technologies and science involved with each case
  • Act as liaison between inventors and patent examiners
  • Protect inventors’ patent rights
  • Negotiate licenses
  • Defend against infringement
  • Draft and file applications with USPTO
  • Respond to rejections made by examiner
  • Give legal advice
  • Litigation

Patent Attorney Salary

Unfortunately the BLS does not give specific data for patent attorneys. So according to the American Intellectual Property Law Association’s 2009 report, the annual median wages for patent attorneys ranged from $110,000 to $121,800. Factors such as the attorney’s education level and scientific discipline, experience, location and employer play a major role in a patent attorney’s salary. Private law firms are said to pay the most, $166,000 to patent attorneys, and patent attorneys that were partners in these law firms averaged $415,000 per year in 2008.

Patent Attorney Job Outlook

The US Patent and Trademark Office is located in Washington, D.C. Most patent attorneys work in and around the D.C. area. In areas like this, as well as in large metropolitan cities like New York City, competition for jobs is very high. Working in smaller communities that are known as non-traditional patent areas can be easier for those who are seeking employment. New graduates who are willing to take less pay should look for employment in mid-size law firms that either specialize in patent or intellectual property law, or they have a department, or are willing to open a department. Unfortunately, the BLS give information related to lawyers, not patent lawyers specifically. All types of lawyers are supposed to see a 13% increase in job growth over the next 10 years.