U.S. Patent Bar

It is still possible to represent clients, or in essence practice law, without a law degree in some jurisdictions within the United States.

Patent agents of the U.S. Patent and Trademark Office are non-lawyers who have been authorized by the the trademark office to represent clients in patent courts. Patent Agents may not identify themselves as attorneys and must restrict their practice of law to clients who must stand before a court of the trademark office. This means that Patent Agents may not represent clients in a state or civil court just because the cases are patent related (unless that court allows it).

To become a patent agent, you must pass a registration examination to be granted admittance to the patent bar. The exam is administered as often as requested in the form of a computer-based test in a satellite computer lab contracted by the testing authority of the patent office. Computer labs exist all around the country. Requirements to sit for the patent bar examination are geared toward attracting those with scientific or engineering backgrounds who would better understand the intricacies of patents and claims.

A bachelor's degree or equivalent from an accredited U.S. or approved foreign institution is required in a hard science like biology or physics. Various engineering degrees are also accepted. Those who do not meet degree requirements may be permitted to sit for the patent bar if they have a bachelor degree in another subject but have enough college credit in scientific, mathematical, and/or engineering courses to meet minimum educational requirements.

For those who are wondering if there is any excitement or money in patent law, think of this. The world of patent law is full of corporate players, over the top inventors, and a whole bunch of people who stand to make or lose millions of dollars depending on the outcome of a patent trial.

For those looking for the excitement of a career in law but who don't have the time or money for a law school program may find satisfaction in practicing patent law. If you have a scientific or mechanical background or can meet the minimum educational requirements much faster than a law program would take then becoming a Patent Agent is a very real possibility.

While it is true that it is possible to begin representing clients upon admittance to the patent bar it is not recommended unless you have a background in law and court procedure. Apply to local law offices as a patent specialist and ask to hang around with the lawyers as they represent their clients in and out of court. This will also allow the new patent agent to start picking up on court room lingo.

This job can be done on a full-time or part-time basis because you will have complete control over how big to make your firm and how many clients to take on at a time. However many clients you decide to start taking on just make sure that you have the resources to offer them the best representation. Swamping yourself with work and causing your client's case to suffer as a result of your own inability to plan and schedule will only hurt your practice in the long run.

Market yourself at various trade shows and inventor's conventions. If you get really good at your job you may be recruited by a corporate manufacturing giant or paid to fly all over the country representing clients in patent court. This won't happen overnight, but the path to an exciting career in court rooms may be much shorter for you than you ever realized. The pass rate of the patent bar is around 50%, but the test can be taken multiple times and several third party study guides are on the market to help you pass.