<p>I'm very interesting in patent law as a career, but have a few questions. I would appreciate it greatly if the following were answered:
1) - Is it true that Berkeley is the best law school in patents? Would it be considered over other colleges with getting a job?
2) - Is it necessary to have engineering job experience? If so how much, or how much would be reccomended?
3) - What's the difference between prosecution and litigation, and does one specialize in one or the other, is it hard to get a job in one or the other, and does one or the other pay differently?
4) - Is going solo after a few years in a firm significantly better paying/ more troubling?
5) - Should one get an internship job in Law School?
6) - Do I need a master's degree?
Thanks In Advance, and thanks for considering my post and questions.</p>
<p>There is no such thing as best law school in patents. Berkeley would not confer any benefit over other schools. Patent law is very technical and law schools in general do not provide good training for practicing patent law. Some law schools offer certificates in Intellectual Property law, much of which has little to do with patents, moslty trademarks and copyrights.</p>
<p>The USPTO has set up a pilot program with a certain number of law schools. The Law School Clinic Certification Pilot program allows law students enrolled in a participating law schools clinic program to practice Intellectual Property Law before the USPTO under the strict guidance of a Law School Faculty Clinic Supervisor</p>
<p>The list can be found here: some offer trademark clinics only.
[Law</a> School Clinic Certification Pilot](<a href=“http://www.uspto.gov/ip/boards/oed/practitioner/agents/law_school_pilot.jsp]Law”>Law School Clinic Certification Program | USPTO)</p>
<p>It is not necessary to have engineering experience to practice patent law, but it certainly does not hurt as it may enable you to better understand a field of research. Typically, patent attorneys specialize in a field such as mechanical, chemical, electrical, biotech or software so you are expected to be conversant in one or more of these areas. Your science or engineering degree does not constrain you to particular and you can conceivably cover one area even though formally trained in another. </p>
<p>There are two distinct philosophies among patent attorneys: </p>
<p>Some consider themselves experts in their field and engage in detailed study of the proposed invention. They will work closely with the inventors and provide counsel on patentability of a particular invention, evaluate its economic merit and relative position compared to the competition. They can typically charge more for their counsel but again it requires a lot more expertise.</p>
<p>Others consider themselves more as “translators” for the inventor and prosecute a patent on an invention without evaluating its merits. Bigger technology firms with their own IP departments or universities will often sub-contract such work to outside firms and the lowest bidder often wins as there is little added value they can provide. It is quantity work as opposed to quality work. </p>
<p>Patent litigators are involved in disputes over patent rights. They form strategies for enforcing patent rights or defending against others seeking to enforce their patent rights. Becoming a patent litigation attorney simply requires law school graduation. Neither a technical degree nor any special exam is required. In general, lawyers become patent litigators by going to work at a law firm that handles patent litigation! Generally, however, firm seeking to hire (and train) fledgling patent litigators look for candidates who have a technical undergraduate degree.</p>
<p>Patent prosecutors are involved in establishing patent rights. They counsel their clients and devise strategies for protecting their intellectual property rights. They draft patent applications that explain how their clients invention works, how it differs from previous inventions, and argue that it is worthy of patent protection. Patent attorneys involved in patent prosecution must be registered patent attorneys. </p>
<p>It is hard to compare the pay of patent litigators to patent prosecutors. There are far fewer patent litigators and the successful ones can make millions off a single case. Each case, on the other hand takes typically years to litigate and verdicts are nearly always appealed. Because of the lengthy process, litigation is mostly handled by large firms. Work schedules of patent litigators, very much like other litigators, can be complete hell as your schedule is largely out of your control and dictated by the case and the courts. </p>
<p>Patent prosecutors get paid a flat fee per patent or by the hour, typically $10,000-$20,000 per patent sometimes much more for complex patents. If you have a nice referral flow of business, patent prosecution can be very profitable. Patent attorneys also write opinion letters typically on patentability or non-infringement and can charge anywhere from a few thousand dollars to ten of thousands of dollars for such letters. Many patent prosecutors work from home and there is generally a low level of stress in the work, except if you miss a critical deadline for response to the USPTO or something of the kind. Attorneys typically use a “docketing system” to prevent such problems. </p>
<p>Going solo or working for small boutique patent firms is fairly common among patent prosecutors, less so for litigators because of the support resources required. It is obviously riskier to go solo as you have to be able to get enough contacts and referrals to make it profitable. Typically, solo patent attorneys are more experienced and have already established their reputation and they take their clienst with them. Most have ten years or more of patent prosecution experience before going solo, although there are exceptions: I started my solo practice straight out of law school, but I had 25 years experience in software and medical devices and had filed several patents of my own. As a solo practitioner, you will also need to get liability insurance which can be expensive. If you can manage it, nothing beats being your own boss!</p>
<p>You don’t need a Master’s degree to practice patent law, but to a large extent your science/engineering degree matters at least as much as your legal degree if not more. Your technical expertise is key. In some fields like biotech or chemistry, virtually all patent attorneys have PhDs. In software, hardly any do. </p>
<p>Good luck!</p>