rgoreb18 said:
Hi!
I was wondering how my background of Material Science and Engineering would impact a potential career in patent law. There already is not too many of us, only about 40 people in my graduating class at a big state school, so I'm assuming there aren't many Patent Attorneys with a background in MSE. This thread has gotten me even more interested in pursuing a career in patent law
* Of course, no one can predict what the job market will be like at the time you complete law school (should you decide to go that route). But if you plan to become a patent attorney with only a bachelor’s degree in science or engineering and no other professional experience, then over the last 15 yrs or so, the biggest demand has been for patent attorneys with degrees in electrical engineering, computer science, computer engineering, and mechanical engineering.
* Here are two websites that will give you a sampling of current job opportunities for patent attorneys. The first is a job post from a well-regarded (by patent professionals) patent blog:
https://patentlyo.com/jobs. The second is a job post from a recruitment firm that specializes in patent professionals:
https://www.wkmclaughlin.com/JobRetrieve.aspx.
* There are jobs for patent attorneys with a background in materials science and engineering (MSE). A good chunk of the clients are in the semiconductor electronics industry. Here though you will be competing with candidates with degrees in electrical engineering, physics, and chemistry. Law firms, in general, prefer candidates who can handle a wider range of clients (usual caveat:
ceteris paribus). You will also be competing with candidates with advanced degrees and with candidates with industry experience (who then changed careers to patent law). In general, advanced degrees and industry experience are a plus in distinguishing yourself from other candidates (again:
ceteris paribus) .
* There is a niche market that is more narrowly focussed on MSE candidates; e.g., for candidates well versed in austenitic vs. martensitic phases. These clients include, e.g., materials producers and aerospace manufacturers. So here a MSE background will perhaps give you an advantage over candidates with electrical engineering, chemistry, or physics backgrounds. But since there are fewer such clients, there is less demand for patent attorneys in this area. And here again, you’ll be competing against patent attorneys with advanced degrees or industry experience.
* Unless you’ve had previous experience with patent law and know you have a calling, I don’t recommend that you leap directly into law school with an eye on becoming a patent attorney. While you’re still an undergrad, check whether your school has an intellectual property and technology transfer dept (most major universities do), and see if you can get an internship there to find out more about intellectual property law. You won’t learn the ins-and-outs of being a patent attorney, but it will at least give you an exposure to the field, as well as connections to talk to about what life as a patent attorney entails on a day-to-day basis (it’s probably a lot different from what you envision). Even if the university does not have a patent attorney on staff, they can refer you to patent attorneys that the university contracts with to do their patent work.
After completing your undergrad degree, you can also consider becoming a patent agent first (doesn’t require a JD) to see whether you like patent work (although getting your foot in the door will be difficult). If you do, you can go to law school later, if you are so inclined. If you don’t, you can consider getting an industry job, or going for a grad degree. Remember, unlike a PhD program in science or engineering, you generally need to pay your own way for law school. That’s an expensive option; so be sure before you go that route. See my previous Reply #272 for a discussion of a position as a patent agent.
* To become a patent attorney or a patent agent, you need to pass the patent bar exam administered by the United States Patent and Trademark Organization (USPTO). There is a possible glitch with respect to your qualifications to sit for the exam. It’s better that you take care of this while you are still in college, rather than later. The requirements to sit for the exam are given here:
https://www.uspto.gov/sites/default/files/documents/OED_GRB.pdf. Of particular note, refer to Sec. III.
The most straightforward way to satisfy the education requirements to sit for the exam is to have a bachelor’s degree in a major listed under Category A. Note that Materials Science and Engineering is not listed; whereas Ceramic Engineering, Metallurgical Engineering, and Mining Engineering are. As you can tell, the list hasn’t been updated for a long time, since you’ll have a hard time finding a US university that grants a major in those subjects anymore; they’ve largely been subsumed under MSE. Nevertheless, that’s the official list. Now one guy claims that he was allowed to take the exam with a MSE degree (see Comment No. 8 at the bottom of
https://www.ipwatchdog.com/2009/10/13/does-my-degree-qualify-me-to-take-the-patent-bar/id=6648/).
But here’s the catch. The Office of Enrollment and Discipline (OED) at the USPTO decides whether a MSE degree qualifies. If you call them up to ask, they likely won’t tell you. But if, by chance, they do, nothing they tell you over the phone is binding. The only way to know for sure is to file a formal application, and see whether you qualify or not.
My recommendation is to play it safe, and assume that a MSE degree does not qualify. In that case make sure your undergrad courses satisfy the requirements listed under Category B before you graduate. It’s a lot easier to take care of this now, than after you graduate from law school and then have to take remedial undergrad coursework, if needed. If you don’t qualify under Category A or Category B, your remaining recourse is Category C: passing the Fundamentals of Engineering (FE) exam. But who wants to pass an exam just to qualify to take another exam, if you can avoid it.
