I'm interested in patent agent-ing

October 3, 2008 10:20 AM

How does one become a patent agent in the United States?

While I understand that to officially become a patent agent, one must possess a B.S. or graduate degree in an approved field and pass the USPTO patent bar exam, which is typical (if either): taking the exam and then finding a position, or working as a patent engineer or other role similar to that of a patent agent and studying for the exam while you work?

Either way, what's the recommended way of getting started as a patent agent?

posted by universal_qlc to work & money (6 comments total)

Take the exam, and then find a position. The exam is pretty straight forward and offered all the time. Just take a prep course and go take the exam.
posted by Arbac at 12:09 PM on October 3, 2008

If you're qualified to sit for the patent bar, then you can do it any way you can work out to afford it (both from a time and a money perspective). If your employer offers reimbursement for continuing education, you might be able to take a night-school course to learn the material. Otherwise, there are any number of study courses that are designed to get you through the exam successfully.

The patent exam tests different things than you need to know to be a good patent agent, though. To learn to do a good job, you may wish to look into working at an IP law firm, or at a technical company that files a lot of patents, and has in-house attorneys working on at least part of the process.

Another alternative is to work for the USPTO as a patent examiner. I don' t know the exact rules, but if you do that for a while, you get a pass on the exam.

I'm a lawyer who works on patent and general IP matters; feel free to contact me if you'd like to discuss the field.
posted by spacewrench at 12:12 PM on October 3, 2008

I work at an IP law firm. Our patent agents have done it both ways. It doesn't even seem that one way is more popular than the others. If you can do the patent bar now, do it. If you want to wait, wait. I don't think it makes too much of a difference here.
posted by MeetMegan at 12:58 PM on October 3, 2008

BTW, USPTO has a huge turnover in examiners--you are expected to do at least 2 a day and that is a lot. It isn't the most entertaining job on earth.
posted by Ironmouth at 2:19 PM on October 3, 2008

you are expected to do at least 2 a day...

No wonder the quality is so bad.
posted by spacewrench at 3:57 PM on October 3, 2008

Here are the detailed requirements (PDF)
posted by exogenous at 4:45 PM on October 3, 2008