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Patent Law as Career: Boring, Exhausting?



"Jeff"
9/9/2004 9:49:41 PM


Hello,
I am a senior in a Biomedical Engineering program and am considering
pursuing patent law as a career. I've reviewed much of the literature
available online, such as old newsgroup postings and patents.com, but still
have a couple questions to ask.
First, what is your take on the stereotype that patent law is boring? I love
researching, getting up to speed on new technologies, writing, and logical
analysis of arguments. But I don't especially enjoy mindless filling out of
forms, such as doing my taxes. I become bored whenever a task becomes too
easy and routine: I need to be constantly challenged. Do these
characteristics describe a good or bad candidate for patent law?
Second, is it possible to maintain a quality family life and have a life
outside of work if one is working in patent law, or is it like some surgical
specialties where one must basically marry their career (high divorce rates,
65- to 90-hour work weeks as the norm, etc.)? I don't mind working hard (I
work 70-hour weeks right now), but not at the expense of missing out on
things like spending quality time with my family and going fishing on the
weekends.
I appreciate your input!
Jeff
 
 
Alun
9/10/2004 2:13:32 AM


"Jeff" <jeff1599@mailinator.com> wrote in
news:10k221llndb0u52@corp.supernews.com:
Hello,
I am a senior in a Biomedical Engineering program and am considering
pursuing patent law as a career. I've reviewed much of the literature
available online, such as old newsgroup postings and patents.com, but
still have a couple questions to ask.
First, what is your take on the stereotype that patent law is boring? I
love researching, getting up to speed on new technologies, writing, and
logical analysis of arguments. But I don't especially enjoy mindless
filling out of forms, such as doing my taxes. I become bored whenever a
task becomes too easy and routine: I need to be constantly challenged.
Do these characteristics describe a good or bad candidate for patent
law?
Second, is it possible to maintain a quality family life and have a
life outside of work if one is working in patent law, or is it like
some surgical specialties where one must basically marry their career
(high divorce rates, 65- to 90-hour work weeks as the norm, etc.)? I
don't mind working hard (I work 70-hour weeks right now), but not at
the expense of missing out on things like spending quality time with my
family and going fishing on the weekends.
I appreciate your input!
Jeff
If I thought it was boring I wouldn't be doing it. I can't speak for anyone
else, of course. Patent prosecution has very little to do with form filling
and is mostly writing. If you don't like to write, then it's not the right
career. I think law requires a similar type of mindset to the physical
sciences or engineering, i.e. rigorous application of logic. It also does
require attenion to detail. If you can't be bothered with details, then
this also may not be the right career.
Just my thoughts.
Alun Palmer, Patent Agent
 
 
mbjq@earthlink.net (Emma Anne)
9/10/2004 4:25:33 PM


Jeff <jeff1599@mailinator.com> wrote:
Hello,
I am a senior in a Biomedical Engineering program and am considering
pursuing patent law as a career. I've reviewed much of the literature
available online, such as old newsgroup postings and patents.com, but still
have a couple questions to ask.
First, what is your take on the stereotype that patent law is boring?
For me it is the best job I ever had. I get to learn new things
constantly; I'm always on a steep learning curve. When I was in grad
school, and when I was working as an engineer, I noticed that as soon as
I got good at something, it got boring and I didn't want to do it
anymore. So for me, patent law is perfect. For a person who wants to
burnish her knowledge of a particular field, I'm guessing it would be
very frustrating. Perhaps an in-house position would be better for that
person.
Another issue is whether you are a big extrovert. I, like most patent
prosecutors, work alone a *lot*. You can do litigation and be around
people a lot more, but they work much longer hours and have much worse
stress.
I love
researching, getting up to speed on new technologies, writing, and logical
analysis of arguments. But I don't especially enjoy mindless filling out of
forms, such as doing my taxes. I become bored whenever a task becomes too
easy and routine: I need to be constantly challenged. Do these
characteristics describe a good or bad candidate for patent law?
You sound like me, so I am going to go wit "good" (but no guarantees,
though!). Most of the form-filling is done by my paralegal. Of course
there is inevitable scut work in patent law, as in any other job. But
it isn't because you spend your day filling out forms.
Second, is it possible to maintain a quality family life and have a life
outside of work if one is working in patent law, or is it like some surgical
specialties where one must basically marry their career (high divorce rates,
65- to 90-hour work weeks as the norm, etc.)? I don't mind working hard (I
work 70-hour weeks right now), but not at the expense of missing out on
things like spending quality time with my family and going fishing on the
weekends.
How much money do you want to make? That's your answer. I work
part-time (for an attorney, anyway) and I pretty much always have. It
works for me. But note that your overhead has to be paid for before you
start making money, so working part-time mean you make proportionally
*less* than what you make working full-time. Is this something you can
shrug your shoulders about and say "works for me" or will you find
yourself always working a few more hours to make some more money?
You've got to know yourself to decide.
 
 
trademark_attorneyFILTER@hotmail.com (Vlad Shvartsman)
9/11/2004 11:02:44 PM


Patent law is awesome. Drafting and prosecution are so
non-confrontational (not counting obtuse Examiners), you don't stand a
risk of stress as much as other branches of the law. IMHO, to be a
good patent agent/lawyer you need to be:
1) a writer: drafting patent applications is an art and can be a
passion;
2) a scientist: you have to know your sh*t so well that you can
present complex subject matter in the simplest terms;
3) a lawyer: you are, in fact, drawing a 'line in the sand' over which
your clients' competitors should not be able to cross. This line has
to be as close as possible to others' lines, and any trespass by
others against your patent should be evident. A good lawyer will make
this line as clear and impregnable as possible. Every case is
different and a challenge.
The money's not bad either. Check out NY Times or any legal
recruiter's database, and you will see a steady demand for patent
attorneys. Most law students have non-scientific backgrounds (I
graduated in 2000, and there was not a scientist among us), so I have
a feeling demand will increase as senior patent attornies retire.
Biomed patent applications are growing in number, and it's a good
field to build your niche.
mbjq@earthlink.net (Emma Anne) wrote in message news:<1gjw76l.8tlbok15yzxhoN%mbjq@earthlink.net>...
Jeff <jeff1599@mailinator.com> wrote:
For me it is the best job I ever had. I get to learn new things
constantly; I'm always on a steep learning curve. When I was in grad
school, and when I was working as an engineer, I noticed that as soon as
I got good at something, it got boring and I didn't want to do it
anymore. So for me, patent law is perfect. For a person who wants to
burnish her knowledge of a particular field, I'm guessing it would be
very frustrating. Perhaps an in-house position would be better for that
person.
Another issue is whether you are a big extrovert. I, like most patent
prosecutors, work alone a *lot*. You can do litigation and be around
people a lot more, but they work much longer hours and have much worse
stress.
You sound like me, so I am going to go wit "good" (but no guarantees,
though!). Most of the form-filling is done by my paralegal. Of course
there is inevitable scut work in patent law, as in any other job. But
it isn't because you spend your day filling out forms.
How much money do you want to make? That's your answer. I work
part-time (for an attorney, anyway) and I pretty much always have. It
works for me. But note that your overhead has to be paid for before you
start making money, so working part-time mean you make proportionally
*less* than what you make working full-time. Is this something you can
shrug your shoulders about and say "works for me" or will you find
yourself always working a few more hours to make some more money?
You've got to know yourself to decide.
 
 
charlesbreitel@yahoo.com (cbreitel)
9/12/2004 12:01:02 PM


trademark_attorneyFILTER@hotmail.com (Vlad Shvartsman) wrote in message news:<dd0c857b.0409112202.9ff9637@posting.google.com>...
Patent law is awesome. Drafting and prosecution are so
non-confrontational (not counting obtuse Examiners), you don't stand a
risk of stress as much as other branches of the law. IMHO, to be a
good patent agent/lawyer you need to be:
1) a writer: drafting patent applications is an art and can be a
passion;
2) a scientist: you have to know your sh*t so well that you can
present complex subject matter in the simplest terms;
3) a lawyer: you are, in fact, drawing a 'line in the sand' over which
your clients' competitors should not be able to cross. This line has
to be as close as possible to others' lines, and any trespass by
others against your patent should be evident. A good lawyer will make
this line as clear and impregnable as possible. Every case is
different and a challenge.
The money's not bad either. Check out NY Times or any legal
recruiter's database, and you will see a steady demand for patent
attorneys. Most law students have non-scientific backgrounds (I
graduated in 2000, and there was not a scientist among us), so I have
a feeling demand will increase as senior patent attornies retire.
Biomed patent applications are growing in number, and it's a good
field to build your niche.
To give a contrary view: I'm a non-IP civil litigator with a few
patent prosecutor friends, and I couldn't stand to do patent
prosecution for a living. There's no excitement or fun in patent
prosecution, or any transactional work in my opinion that is not
litigation-related. Having said that, most of the people who do it
seem to enjoy it. In my view this is because their personalities drew
them to the job in the first place, kind of like accountants who think
accounting is exciting. I have one friend who can't stand patent
prosecution and is doing everything in his power to get out and do
more IP litigation, but having a tough time with that.
Bottom line: it's not for everyone but it may be for you, and only you
can judge that.
 
 
Alun
9/13/2004 3:37:28 AM


charlesbreitel@yahoo.com (cbreitel) wrote in
news:74317df6.0409121101.4feb866b@posting.google.com:


trademark_attorneyFILTER@hotmail.com (Vlad Shvartsman) wrote in message
news:<dd0c857b.0409112202.9ff9637@posting.google.com>...

To give a contrary view: I'm a non-IP civil litigator with a few
patent prosecutor friends, and I couldn't stand to do patent
prosecution for a living. There's no excitement or fun in patent
prosecution, or any transactional work in my opinion that is not
litigation-related. Having said that, most of the people who do it
seem to enjoy it. In my view this is because their personalities drew
them to the job in the first place, kind of like accountants who think
accounting is exciting. I have one friend who can't stand patent
prosecution and is doing everything in his power to get out and do
more IP litigation, but having a tough time with that.
Bottom line: it's not for everyone but it may be for you, and only you
can judge that.
Prosecution people tend to be more introverted than litigators. However, as
someone who does patent prosecution I would like to say that I find
accountants and accountancy intensely boring.
It should also be born in mind that in the US at least, patent litigators
can expect to be home about as often as a travelling salesman, and to have
to bill ridiculously high numbers of hours. I know people who switched to
prosecution because they found that kind of life to be hell. To each his or
her own, but make sure you know what you are going into.
Alun Palmer, Patent Agent
 
 
Alun
9/13/2004 3:53:26 AM


trademark_attorneyFILTER@hotmail.com (Vlad Shvartsman) wrote in
news:dd0c857b.0409112202.9ff9637@posting.google.com:
Patent law is awesome. Drafting and prosecution are so
non-confrontational (not counting obtuse Examiners), you don't stand a
risk of stress as much as other branches of the law. IMHO, to be a
good patent agent/lawyer you need to be:
1) a writer: drafting patent applications is an art and can be a
passion;
Absolutely
2) a scientist: you have to know your sh*t so well that you can
present complex subject matter in the simplest terms;
Also agreed in principle, although that should read an engineer or a
scientist
3) a lawyer: you are, in fact, drawing a 'line in the sand' over which
your clients' competitors should not be able to cross. This line has
to be as close as possible to others' lines, and any trespass by
others against your patent should be evident. A good lawyer will make
this line as clear and impregnable as possible. Every case is
different and a challenge.
<snip>
Lawyer is synonymous with attorney in the US, but some of us are patent
agents. It would be more correct to say that patent prosecution is
practicing law in most states, with all that implies, except for the need
to be admitted to the state bar. Not only are real legal skills needed, but
legal ethics must be observed. The consequences of getting it wrong can be
grave.
Leaving it on that light note...
Alun Palmer, Patent Agent
 
 
trademark_attorneyFILTER@hotmail.com (Vlad Shvartsman)
9/13/2004 10:22:07 AM


<snip>
2) a scientist: you have to know your sh*t so well that you can
present complex subject matter in the simplest terms;
Also agreed in principle, although that should read an engineer or a
scientist
Agreed: Engineer is closer to what I meant than scientist. In effect,
it's someone who can deconstruct stuff that works together in unison
to illustrate the how's and why's it works.
<snip>
Lawyer is synonymous with attorney in the US, but some of us are patent
agents. It would be more correct to say that patent prosecution is
practicing law in most states, with all that implies, except for the need
to be admitted to the state bar. Not only are real legal skills needed, but
legal ethics must be observed. The consequences of getting it wrong can be
grave.
"Lawyer" in my sense is someone who will take a side and spin the
application to give the client the edge, notwithstanding whether that
person is a member of a bar.
BTW, there is an inconsistency of terminology surrounding patent
professionals. In Canada, you are a 'patent agent' when you pass the
CIPO exam. There is no 'patent bar' as there is in the US, but it's
really the same thing. You can be a patent attorney if you are a
member of a provincial Bar and practice in patents.
In the USA, it is my understanding that you can call yourself a
'patent attorney' if you pass ONLY the patent bar and prosecute
patents ('patent attorney' being synonymous with 'patent agent').
Can someone elucidate on this subject?
 
 
trademark_attorneyFILTER@hotmail.com (Vlad Shvartsman)
9/13/2004 10:22:09 AM


<snip>
2) a scientist: you have to know your sh*t so well that you can
present complex subject matter in the simplest terms;
Also agreed in principle, although that should read an engineer or a
scientist
Agreed: Engineer is closer to what I meant than scientist. In effect,
it's someone who can deconstruct stuff that works together in unison
to illustrate the how's and why's it works.
<snip>
Lawyer is synonymous with attorney in the US, but some of us are patent
agents. It would be more correct to say that patent prosecution is
practicing law in most states, with all that implies, except for the need
to be admitted to the state bar. Not only are real legal skills needed, but
legal ethics must be observed. The consequences of getting it wrong can be
grave.
"Lawyer" in my sense is someone who will take a side and spin the
application to give the client the edge, notwithstanding whether that
person is a member of a bar.
BTW, there is an inconsistency of terminology surrounding patent
professionals. In Canada, you are a 'patent agent' when you pass the
CIPO exam. There is no 'patent bar' as there is in the US, but it's
really the same thing. You can be a patent attorney if you are a
member of a provincial Bar and practice in patents.
In the USA, it is my understanding that you can call yourself a
'patent attorney' if you pass ONLY the patent bar and prosecute
patents ('patent attorney' being synonymous with 'patent agent').
Can someone elucidate on this subject?
 
 
mbjq@earthlink.net (Emma Anne)
9/13/2004 6:09:59 PM


cbreitel <charlesbreitel@yahoo.com> wrote:
To give a contrary view: I'm a non-IP civil litigator with a few
patent prosecutor friends, and I couldn't stand to do patent
prosecution for a living. There's no excitement or fun in patent
prosecution, or any transactional work in my opinion that is not
litigation-related.
Right. You have to know yourself and what makes you happy. I *do* find
patent prosecution exciting and fun, but can see why many people
wouldn't.
 
 
Isaac
9/13/2004 5:33:30 PM


On 13 Sep 2004 10:22:09 -0700, Vlad Shvartsman
<trademark_attorneyFILTER@hotmail.com> wrote:
In the USA, it is my understanding that you can call yourself a
'patent attorney' if you pass ONLY the patent bar and prosecute
patents ('patent attorney' being synonymous with 'patent agent').
Can someone elucidate on this subject?
I'll try. If you are not licensed as an attorney in a state or the District
of Columbia, you cannont call yourself a patent attorney in the US. At
one time 40 or so years ago, patent agents were allowed to refer to
themselves as patent attorneys. I think non lawyers who were registered at
that time are grandfathered in and can still call themselves patent
attorneys, but no new agents can do so.
Isaac
 
 
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