Education and Training Requirements to Become a Patent Examiner

Alexa often rode the bus that dropped me off at the Pentagon each workday. When the bus hit a pothole, one of the three overflowing tote bags she carried fell on my foot. Her apology led to an introduction. I learned that she was in some sort of internship position as a patent examiner with the U.S. Patent and Trademark Office (USPTO) and took material home to study nearly every night. Her conversation suggested that the education and training requirements to be a patent examiner were rigorous.

What is a Patent Examiner?

A patent examiner reviews patent applications submitted to the USPTO to decide whether they're in compliance with legal requirements and the basic rules and procedures for patents. Examiners research the subject matter referenced in the applications. They initially determine that the patent application is for a single invention, then search USPTO databases and technical literature for any information that appears relevant to the applicant's claims. They draft their findings and forward them to the inventors who applied for each patent.

Almost all patent examiners work for the Federal government, where they have a specific career path. Individuals who work with patents in private industry are usually patent agents, patent technology specialists or patent (intellectual property) attorneys.

According to the Bureau of Labor Statistics, the majority of USPTO patent examiners work in the agency's office near Washington, DC. As of 2008, the USPTO employed around 6,000 examiners. Recruitment starts at the GS-5 through GS-9 levels. Some individuals hired receive an annual recruitment incentive for up to four years. The job series follows a steady path of promotions to the GS-13 level, assuming satisfactory performance. Some supervisory employees reach GS-15.

Required Education

In order to become a patent examiner, an individual needs a very specific educational background. In addition to excellent communication skills, applicants usually have a bachelor's or a master's degree in engineering or science. The work is considered challenging and requires specific knowledge in one or more disciplines from among biology, chemistry, physics, engineering (chemical, electrical, mechanical or computer) and computer science.

Sometimes, however, an applicant with an outstanding education in one or more of these areas receives no employment offer because current job vacancies require a background in a different discipline.

Training

After being hired as a patent examiner by the Federal government, an employee attends the USPTO Patent Training Academy. This program lasts eight months and provides comprehensive and rigorous training necessary for an individual to function as a patent examiner.

Students study procedural, legal and technological aspects of patent examination. They become extremely familiar with the research methodology and tools they'll need on the job. They also further their writing and communication skills.

The agency creates a two-year individual development plan for each patent examiner. This document takes into account the individual's background, knowledge and experience. The plan consists of additional training and developmental assignments.

A key component of patent examiner training is working with a supervisory patent examiner on the job after completing the Academy program.

Continuing Education

Patent examiners stay current in their field by taking USPTO courses in legal and scientific areas. In addition, those who are full-time, permanent employees are eligible to participate in a special legal studies program. Under this program, a patent examiner must complete education relevant to his or her job assignment.

Training must occur at an accredited law school. The USPTO reimburses the patent examiner for a certain number of credits for courses taken within a six-year period. Examiners who complete the program, which is always subject to agency budget constraints, owe the USPTO a certain specified amount of service.

Patent examiners perform focused, challenging work that requires superior communication and legal skills in addition to initial education and training in a technical field. Among the perks of the job for a journeyman patent examiner is the opportunity to work with state-of-the-art computer applications.

Sources:

http://www.usptocareers.gov/Pages/PEPositions/Default.aspx

http://www.bls.gov/opub/ooq/2009/fall/art03.pdf