Patent Attorney Day in the Life: What do Patent Attorneys Do?
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- Опубліковано 1 лип 2024
- What is a typical day in the life of a patent attorney? What is the practice of patent law like? This video details what patent attorneys typically do in a given day including drafting patent applications, filing patent applications at the USPTO and working patent applications through the examination process at the USPTO until a patent is issued. We also discuss what patent attorneys DON'T typically do including patent/prior art searching and patent infringement analysis. #patentattorney #patentlawyer #patentcareers #lawcareer #legalcareers #lawcareer #patentagentexam #patentbar #patentagentexam
Additional Patent & Startup Resources:
- My best-selling book, Patents Demystified: amzn.to/2MX5le9
- The top book on licensing your idea or invention: amzn.to/3tDLSib (One Simple Idea by Stephen Key)
- When to file a patent application: www.dwt.com/blogs/startup-law...
- Is software patentable: www.dwt.com/blogs/startup-law...
- My appearance on CNBC’s “The Profit” with Marcus Lemonis: www.cnbc.com/video/2019/11/08...
Gear Used to Make This Video:
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Limo Softbox Lights - amzn.to/3jrwd5K
PowerDeWise Microphone - amzn.to/3GiI3bl
**** DISCLAIMER: Information in this video is not legal advice and should not be relied on as such. The law can change and the information in this video may be outdated, so you should always consult an attorney regarding your specific issues in view of the current state of the law. *****
00:00 The two main things that patent attorneys do day to day
01:31 A technical background is required to understand inventions you work on
03:11 Other things that patent attorneys do aside from drafting and examination process
04:31 Patent litigator vs patent attorney: what is patent litigation?
06:36 Why being a patent attorney is a great job and why I love it
07:04 Working with clients to plan patent protection and draft patent applications
09:06 Things that patent attorneys DON'T typically do
12:43 The two ways to start the patent process: Provisional vs. Non-provisional patent applications - Наука та технологія
Looking for more on patent careers? Check out the full playlist of all my patent career videos here:
ua-cam.com/play/PLp15JXznBjPWV7v0dD50ZdOvPfXMuo_yN.html
Playlist includes the following and many more:
Patent Attorney Career: How to Become a Patent Attorney: ua-cam.com/video/zgZOwo3i8OQ/v-deo.html
The Best Technical Background to Become a Patent Attorney: ua-cam.com/video/34j0KOTjqhQ/v-deo.html
How Long Does it Take to Become a Patent Attorney?: ua-cam.com/video/hyrwY4lyR68/v-deo.html
Patent Attorney vs. Patent Litigator: ua-cam.com/video/Ww-RhMh8xBU/v-deo.html
Patent Attorney vs. Patent Agent: ua-cam.com/video/aQC3nQmri40/v-deo.html
Patent Attorney vs. Patent Lawyer: ua-cam.com/video/-CgfG-c-mKQ/v-deo.html
I'm very interested in patent attorney as a career but there isn't so much info about this out there. Thank you for creating helpful videos like this!
Thanks ! You might also be interested in my video on how to become a patent attorney: ua-cam.com/video/zgZOwo3i8OQ/v-deo.html Any suggestions for additional videos? Glad to provide more info on patent attorney careers. Thanks for watching!
Maybe make video of why it takes so long to get a patent?...I heard the patent backlog fluctuates over time based on filings and Examining Corps. size? How many of these elusive Examiners are there anyway? 😎
Great video, I appreciate you clearing up and going through a lot of the questions I had when researching this career. Keep up the good work.
Thanks! Great to hear that the video was helpful. If you are looking for more on a career as a patent attorney, you might also be interested in this video: ua-cam.com/video/zgZOwo3i8OQ/v-deo.html
Great video. I am a patent attorney out of Washington state. I watched this video because an intern of mine was interested in the field. I watched this to make sure it was a good video to tell them to watch.
This was FANTASTIC. Nailed it from every angle. I am actually a patent attorney but I handle most patent litigation than anything else. You nailed it 100%. There is a lot of money to be made in patent litigation but that’s actually not my favorite thing to do. The reason I have so much experience in patent litigation is because I grew up with a dad who is a patent litigator so naturally I learned a lot about it. I majored in Mechanical Engineering and it’s worked great for me.
For young people that want to be patent attorneys (as he explained) you need to understand what you’re parenting. For this reason me and a lot of my peers have agreed if possible computer science is the major to go into. I know it’s not for everyone and it’s certainly not easy. However, for me around 85% of the patents I deal with even though they’re related to mechanical engineering it is computer or coding based.
Again FANTASTIC video this is the perfect video for anyone interested in the career path of patent attorney’s or really anyone that wanted to deal with patents, copyrights, or trademarks.
Hi Brock,
Thanks so much for the kind words - much appreciated. I'm actually a Washington state patent attorney myself.
I know what you mean about patent litigation. I did a lot more patent litigation at a previous firm, but it tends to be an all-consuming practice compared to patent prosecution, which is why that's my focus now.
Also, glad to talk with your intern about patents if they would find it useful. Thanks for watching!
What about biology ? I’m looking to figure out if this is a good career for me as well I will have a bachelors of biology
@@macaliasaugustus3273 Biology is definitely more of a niche practice compared to computers and can be a bit harder to find jobs in, but not impossible. When I came out of law school it was hard to find jobs with just a BS in biochem/molecular biology so I went back to school to get a masters in EE.
The market is not as tough these days, but I would suggest talking with a patent attorney that specializes in the biological sciences to see what job prospects are like these days. Thanks for the question!
Just posted a video on the best technical background to become a patent attorney. Thought it might be relevant to you: ua-cam.com/video/34j0KOTjqhQ/v-deo.html
Good stuff, Dylan. Enjoyed the video. Very authoritative - keep posting!
Thanks, John. I appreciate it. Great content on your channel as well - look forward to seeing more.
Great video. Thank you for your time explaining patent processing.
Thanks!
This was very helpful thanks! I was a tech writer and I know for sure now what patent attorneys do
Thanks! I always say that I'm pretty much a glorified technical writer. What sort of technical writing did you do? Technical writers are one of the exceptions of folks who can get into patent law without becoming a patent attorney or agent. Lots of firms have been hiring technical writers recently to help out with patent drafting. Something to think about if you're ever looking for a career change.
Thanks Adam for all of the information. This is great info for start ups and new investors.
Glad it was helpful! Thanks!
This was great information. I have a better understanding of IP now.
Thanks!
Thanks, Kathy. I appreciate it.
Bioe undergrad here this vid helped alot "its chill i get to geek out about tech" that really sold it I love typing so im ready got about 2 more semesters then i hope to attend law school
Thanks! Sounds like being a patent attorney would be a great fit for you. Thanks for watching!
Your brain is awesome. Your educational background and career choice falls right in line with why I'm here
Thanks! Are you looking to become a patent attorney or agent?
@@PatentsDemystified well, right now I'm exploring education options
A STEM education is always a good option - even if you don’t go into patents.
@@PatentsDemystified STEM?
@@pharekeskateboarding955 STEM = Science, technology, engineering, and mathematics en.wikipedia.org/wiki/Science,_technology,_engineering,_and_mathematics
Thank you for a very informative video! It's helped a lot. I live in the UK but nevertheless this was a great introduction to the life of a patent attorney. I'm coming to the end of a Chemistry PhD and am considering future career options. Becoming a patent attorney is certainly very attractive.
Hi, bit of a long shot, but I'm in the same position as you were a year ago (coming out of a chemistry PhD in the UK). I'd be interested to know what route you ended up going.
@@Ja50no9 Hi, I ended up staying in academia, I'm now doing a post-doc in the USA. This was partly down to me becoming re-enthused about my research, partly for personal reasons (my partner is from America). Good luck finishing your PhD, and looking for a new job! Sorry I can't be much more help.
@Alasdair Keith Thanks for getting back to me, good luck with your postdoc!
Excellent video.
Thanks!
Starting to make sense why Einstein worked in a patent office. Sounds like your mind is always stimulated ! I’m ready
Yea, working with patents is definitely an intellectually stimulating job. You should do it if that’s what you are looking for.
Great video!
Thanks, Christian! I appreciate it.
Where are you practicing? I'm looking for a PA in Cincinnati.
Great video. Very informative.
Thanks, Jack. I appreciate it. I'm based in Seattle and you can find more information about me and my patent practice here: www.dwt.com/people/a/adams-dylan-o
I've read that having excellent communication skills is essential for patent attorneys. Unfortunately, I do stutter a lot, which means that presenting cases or calling/negotiating with clients would definitely not be my dream job. Are there still opportunities for stutterers is in this field? I am convinced that drafting patent applications would be perfect for me, considering my strong technical background and analytical skills, but if communication would really be a significant part of the job, then I would not aspire a job like this. What are your thoughts?
Excellent written communication skills are absolutely essential for being a patent attorney, but verbal communication skills much less so. The vast majority of what I do is writing patent applications, responses to office actions, and e-mails to colleagues and clients. I can sometimes go weeks without actually speaking to anyone.
The tasks you might have trouble with would be with talking with patent examiners, doing inventor disclosure meetings, meeting with clients and talking with colleagues; however, in the right kind of practice, some if not all of these could be eliminated or reduced if necessary, so it might work. For example, many associates never talk with clients directly anyways and some clients to not require telephone interviews with patent examiners or it might be possible to conduct them via e-mail instead. Most colleagues prefer communication via e-mail or chat anyway, so that might not be an issue either.
Not to say that there would not be challenges or that there might be upward mobility difficulties in the long run or trouble with initial interviews, but possibly not more than in most fields. I think you should definitely consider a career in patents as a viable option.
Hi, I really need help on deciding if I should do a M.S. or a double major. I am 20 and currently getting my a biology B.S. degree in microbiology. Should I double major with something like computer science, then get a masters degree. Or should I stick with what I have and choose to do a masters in Biochemistry or engineering if that's even possible? I know that if I get a masters in biochemistry, I will most likely have to get a PHD to find jobs. I would love to know your recommendation for me. I would like to be out of school as soon as I can (before 30), while still having a broad market for what I specialized in.
From a patent job perspective, you're going to have an easier time finding jobs if you major in something related to computers such as EE or CS. A double major will help and then you can get a masters if you aren't getting the traction you want with that background. That being said, make sure you major in something that you enjoy - you'll have a much easier time in the long run if you like what you're studying and working with.
In case you haven't seen it, here is my full video on the best technical background to have if you want to become a patent attorney or agent: ua-cam.com/video/34j0KOTjqhQ/v-deo.html
Also, here is my experience starting out with a BS in Biochem and having to get a masters in EE: ua-cam.com/video/1gBFyHpB6aA/v-deo.html
Whats your advice on the Edison Group? I have an invention that a large vehicle manufacturer is interested in but they won't talk more until its got a patent. I have tried 2 other places who stole the ideas. So I'm trying to be very cautious this time. I don't make much a year (close to twice the national poverty level) and that seems to be my biggest problem when looking at patent attorneys. Any advice would be welcomed with a big hug.
Can't say I'm familiar with the Edison Group, but requiring a patent before moving forward is a bad sign. Do you mean that they want you to have filed a _patent application_ before talking with you further? In my experience, companies that say "come back when you have a patent" is a nice way of saying "no" without having to say it. Having an issued patent should not matter at all if a company actually wants to partner with you on something. What's important is what you bring to the table with bringing the invention to fruition and not just the IP. I can see a legitimate partner wanting you to file a patent application to protect the invention, but requiring an issued patent makes absolutely no sense in most cases. I would say keep shopping the idea/product/business around and keep improving your pitch.
Hi, so just to clarify. Who writes the patent application draft? The inventor? And when you said it takes alot of hours to draft is there an average word count to reach? Im confused about that part.
For non-provisional patent applications, it's definitely the patent attorney who drafts the patent application. Length of the application depends on the invention and how long it takes to fully describe how it's made and used in sufficient detail along with all the variations of the invention. I've drafted applications that are as short as 10 pages and and long as 100 pages plus. Average would probably be 30-60 pages. For provisional patent applications, however, it can be more cost effective to have the inventor draft an invention disclosure that the attorney just scrubs, formats and files as a provisional patent application.
idk if this sounds like a dumb question but what is the difference between a lawyer or an attorney? I feel like I want to be an attorney bc a lot of people say attorneys tend me be introverted and do office jobs
No, that's not a dumb question at all and one that I get so much that I made a specific video to answer it: ua-cam.com/video/-CgfG-c-mKQ/v-deo.html . Really, these terms are fairly interchangeable, and it depends on the type of law that the attorney/lawyer practices that determines what their day-to-day life is like. For example, these days (as a patent attorney/lawyer) I work from home 100% and pretty much work alone aside from occasionally talking with clients, staff or patent Examiners at the USPTO. However, I have attorney/lawyer friends who are in court almost every single day (e.g., defense or prosecuting attorneys) or work in close teams where they need to travel constantly or be in the office or on calls with lots of other people all day. It really depends on the specific law practice.
Lets say for instance I want to patent something in the USA and the examiner does an search, do they only search in USA or world wide. If someone already has a patent in lets say France but has no PCT or they haven't filed in USA does this mean my patent will or won't be granted in the USA.
If for some reason I'm not granted the patent then it will be possible to still manufacture and sell the product in all the other countries where the original patent inventor didn't register in without having any legal ramifications.
Hi Louis,
When an Examiner in the US does a search, they are looking for any prior art showing that the invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. This prior art can be from any country and is not just limited to patents and or patent publications and could be actual products, UA-cam videos, blog posts, scientific papers, etc. Your patent application won't be granted in the US if what's claimed is not new or obvious in view of the prior art.
Patents are jurisdiction-by-jurisdiction, so if the product is not patented in a given country, then you might still be able to manufacture in countries where the product is not patented (if other laws or IP allow it). Also, note that infringement only relates to issued and valid patents, so be sure what you are concerned about is actually an issued and valid patent. These videos might have some good additional info on this:
What is Prior Art: ua-cam.com/video/-9SCz3R6j4s/v-deo.html
Novelty Rejections: ua-cam.com/video/4hK7TKBD21U/v-deo.html
The Patent Examination Process: ua-cam.com/video/TI6IYxo7ppA/v-deo.html
Top 5 Patent Rejections: ua-cam.com/video/Y0z2LRErblU/v-deo.html
Top 5 Patent Infringement Mistakes: ua-cam.com/video/8jLX6uUvUR4/v-deo.html
Thank you for this! I have a BS in Electrical and Computer Engineering and this video was helpful in giving me an idea of how my degree could be put to use in this field. I have no formal education in Law or IP so I’m wondering what route would be best to pursue for the future. I’ve had colleagues fresh out of Undergad that got ‘lucky’ and eere directly introduced into a Patent firm without any training in the field. They were then guided through in-house training where they remains today.
Would it be advisable to seek out one of these ‘lucky’ spots as they come up? Or is it more advantageous to pursue Law/IP training before applying to these positions?
Excellent question! You definitely don't need any formal training to get an entry-level position in patent law, but it does help a lot to pass the patent bar so your can market yourself as being a Patent Agent. Patent law is pretty specialized, so we don't even expect folks coming out of law school to have any specific experience in patents or IP. We can easily train folks on the law side of things, so what's most important is the technical background. I would say take the patent bar and look for a job without any additional Law/IP training. Thanks for watching!
@@PatentsDemystified Thank you! Nice to see an account respond so promptly and attentively!
Just posted a video on the best technical background to become a patent attorney. Thought it might be relevant to you: ua-cam.com/video/34j0KOTjqhQ/v-deo.html
If you have a technical degree maybe consider applying to the patent office? Have you done. Video on your counterparts? What is Patent Examiner?
@@PatentsDemystifiedI have a question, so you can get work in patent law without going through law school, having a degree? Or is it, you need that to be a patent attorney, but not neccesarily an agent or so
I’m a CS student looking into this career field. I will graduate in May. I’m looking for a law school in Washington too. I’m located in Spokane, so closest law school is Gonzaga. Do I need to take the patent bar before law school? What are the advantages of taking the patent bar first?
Hi Josie, I actually have a full video on this question here: ua-cam.com/video/v174imEDDfw/v-deo.html (When Should You Take the Patent Bar). For your situation, taking the patent bar before law school is not required, but would be recommended if possible. It's going to make getting into law school easier when you apply and will open more doors to jobs, internships and other opportunities. Also, it's just better to get it out of the way early - your future self will thank you. Thanks for the question - keep us updated on how it goes!
For more on patent careers, check out my full playlist here: ua-cam.com/play/PLp15JXznBjPWV7v0dD50ZdOvPfXMuo_yN.html
Seems like the quantum technology field needs patent attorneys. I'm currently doing a masters in physics but I also have a degree in economics. Should I go for it??
Hi Dillon,
You should go for it! Quantum technology is definitely a growing field and there is an increasing need for patent attorneys who understand quantum tech. It's a bit of a niche compared to general computer tech, for example, but there will be jobs to be had. Check out my video on how to qualify to sit for the patent bar and comparing different degrees here: ua-cam.com/video/34j0KOTjqhQ/v-deo.html
I’m going in college as a freshman and going to major in political science and government for my bachelor’s , does this degree coincide with patent law work as much as the engineering degree?
A degree in political science and government would still allow you to do stuff like patent litigation and transactional deals related to patents, but you need a technical degree to be able to sit for the patent bar, which allows you to represent clients before the United States Patent and Trademark Office including drafting and filing patent applications and working them through the examination process at the USPTO. There are definitely lots of ways that you would still be able to work with patents, but just not likely the drafting and examination part of patents.
For more on what patent litigators do, check out this video: ua-cam.com/video/Ww-RhMh8xBU/v-deo.html (Patent Litigator vs. Patent Attorney)
Also, here is more detail on what technical degrees it would take to qualify for the patent bar: ua-cam.com/video/2AetThIPpMM/v-deo.html (How to qualify for the patent bar)
I’m currently going into my third year of mechanical engineering. Planning to start law school immediately after undergrad. I want to do patents in the automotive industry. Any tips on how to get in that industry or specialization to look into during law school? Or after?
Hi Mason, sounds like a great plan. I find people who are most successful in getting great jobs in specific industries like this are the folks that start networking and learning about the industry early. If you want to do automotive patents, I would suggest connecting with folks in the automotive industry and specifically in house attorneys and attorneys at firms that do work for automotive companies. Just reach out to folks (kinda like you did with me) and let them know what your career plans are and that you want to learn more about automotive patent jobs. See if they will agree to a short phone or video chat and interview them about their job and how they got to where they are. Just make sure you are super respectful of their time - most attorneys have really high billable hour quotas to meet, and while they may be open to give you some time, realize that it ultimately comes directly at the expense of their personal time.
Also, consider taking the patent bar once you finish your undergrad degree. It's good to get that out of the way early and will make it easier to get jobs or internships during or after law school. Thanks for watching!
Just posted a video on the best technical background to become a patent attorney. Thought it might be relevant to you: ua-cam.com/video/34j0KOTjqhQ/v-deo.html
How can I get ahold of you?
Is this a good path for my interest in becoming a patent attorney: I’m 16 years old and taking college courses while in high school for a business administration bachelors degree, then I am for sure going to law school, my grades are very bad in high school, if I attain good grades in college like let’s a 3.1-3.3; will that help my chances of getting to law school
Hi Ben,
One of the requirements to become a patent attorney is to have a technical background so you can understand the inventions of your clients as well if not better than them. This would be something like an engineering or science degree. A business administration degree would be good for getting into law school, but would not qualify you to sit for the patent bar and become a patent attorney. However, you could still become an attorney that works with patents, but just not a patent attorney that represents clients in drafting patent applications and working them through the examination process at the USPTO. Getting good grades in college will definitely help your chances of getting into law school and your high school grades will be less of an issue. Here are some additional videos on how to become a patent attorney, including one with specific advice for High School students thinking about a career in patents:
How to Become a Patent Attorney: ua-cam.com/video/zgZOwo3i8OQ/v-deo.html
Patent Career Advice for High School Students: ua-cam.com/video/UPIVW0kaPqs/v-deo.html
How to Qualify to for the Patent Bar: ua-cam.com/video/2AetThIPpMM/v-deo.html
Have there ever been inventors who didn't use patent attorneys services and got their patent issued? How much is this probability of success filing on your own? And then again, could an inventor draft their own patent, get one time consultation with an attorney and then file by themselves?
Thank you for your extremely helpful videos made public for everyone.
Definitely. Inventors can certainly do it themselves, but the problem is that even if they get an issued patent (which is not as hard as you would think) it’s often actually worthless because it’s way too narrow or invalid for various reasons. You don’t hire a patent attorney just to get you an issued patent but to make sure what issues adequately covers the invention, is enforceable and valid. A one time consultation does not help with this much, unfortunately.
@PatentsDemystified Thanks a lot for your prompt response, your explanation made it clear.
I have interest in going to law school and pursuing patent law. I have years of life science and diagnostic business development experience but only have a BA in Chemistry. I see many forums and career pages mentioning PhD requirements. What are your thoughts?
I actually have a couple of videos that address this, including this first one that about how different degrees are in demand: ua-cam.com/video/34j0KOTjqhQ/v-deo.html and this second one that discusses my experience starting my career with a BS in Biochemistry & Molecular Biology and why I ended up going back to school to get an MSEE after law school because I felt like by degree was holding me back: ua-cam.com/video/1gBFyHpB6aA/v-deo.html
@@PatentsDemystified thank you!
I'm super excited to be planning on this career choice. I'm a Mechanical Engineer with the D.O.E. and many senior level Engineers, where I work, have said to go this route. This is a position with a disappearing workforce and is in HIGH DEMAND with a great salary. I am at the point in my life & career where I would need to go to school part time. I am in the NYC area (Long Island), are there as many jobs here as there would be in, lets say, DC?
I would definitely agree - patent attorneys and agents are in high demand and there are not a lot of folks available to fill in the positions. This is especially true of folks you who have important real-word experience working as engineers. NYC and other metropolitan areas are probably going to as good if not better than a market like DC. Even though the USPTO is based in the DC metro area, there is not much of an advantage to being located their anymore given that pretty much all work with the USPTO is via written responses and phone/video. Also, it's becoming increasingly less important to be located near a major tech hub these days as well since it's really easy to work remotely from anywhere as a patent attorney or agent.
@@PatentsDemystified my wife is very uneasy about having to pay off nearly $200k in student loan debt. I see where she's coming from, especially having a few kids in the house, but I feel like I'd be able to completely pay it off in 10 years.
@Laxnut1082 Yea, I wouldn’t let the student loans scare you off. The ROI on patent careers makes it worth it.
Can you talk about patient sharking?
Wow. So much to say about patent sharks/trolls/NPEs. I should probably make a video on them - I'll put it on my list. In general, I'm not a fan of companies that use threats of patent litigation to extort money out of others knowing that folks without sufficient resources will be forced to settle because patent litigations is just way too expensive. It always seems wrong when a company's primary business plan is making money from threatening patent lawsuits instead of actually producing a product.
I have a PhD in biomedical sciences. Would I be more advantageous than other JD only attorneys if I get a JD specialized in IP law? I’m interested in working in biotech/pharma setting.
Hi, Nicholas. Yes, it would definitely be beneficial to get a JD with a specialty in IP given your PhD in biomedical sciences and an interest in biotech/pharma. Pretty much any practice in biotech/pharma is going to involve IP in some way and it's going to look good to have an IP specialty, if possible. Also, doing an IP specialization will allow you to take more classes that will be substantially more relevant to your future practice. I came into law school from an undergrad in biochemistry and molecular biology and I would definitely have done an IP focus if my law school offered it. Instead, I just took the patent bar my first semester. Thanks for watching and for leaving a comment.
@@PatentsDemystified Thank you for the reply. I’m currently working in a big pharma R&D as a scientist and found the demand for patent attorney with in depth understanding of biology and drug discovery process. Many jobs require JD PhD and both State and USTPO bars. It looks like a good career for an extra 3-4 year investment.
Yea, being a patent attorney is a great job. You get to work with cutting-edge technology on a daily basis and your clients are scientists, engineers and entrepreneurs. It's definitely worth the 3-4 year investment.
Just posted a video on the best technical background to become a patent attorney. Thought it might be relevant to you: ua-cam.com/video/34j0KOTjqhQ/v-deo.html
how much do you charge an inventor?
It varies widely depending on the specific work we are doing. It could be from hundreds to hundreds of thousands of dollars. I tend to work based on an hourly rate but sometimes do flat rate work.
Cost
Great video! If you're a patent or trademark attorney reading this, we are Fellows and Associates and provide job opportunities in the IP sector! Get in touch and we can help you make that move!
can someone help i have a question..If i see a product in a video or a photo online and that person has no patent ...is the product open to get a patent? or does it become exposed to the public and non patentable ???
To be patentable, something must be new and non-obvious over the prior art. Here, the previous product in a video or photo would be prior art against any new patent application on the same thing, so it would not be patentable. For more on prior art, check out this video: What is Patent Prior Art? - Everything You Need To Know
ua-cam.com/video/n3P6FsviqDQ/v-deo.html
@@PatentsDemystified friend I won't bother you with so many questions but my idea was stolen and i guy made millions off my idea..i just want to know one thing...if i am selling a product without a patent..is it ok to put on the box Patent pending ??? to scare off others from copying the product?
No! Definitely don’t mark something as “patent pending” if you don’t actually have a pending application. That can get you in big trouble.
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I was wondering if you could get into this field with a Industrial Engineering degree? Rather than EE or ME. Thanks!
You bet. An Industrial Engineering degree automatically qualifies you to sit for the patent bar (www.uspto.gov/sites/default/files/documents/OED_GRB.pdf), which allows you to get into patent law work. It's not as easy to get a job compared to EE or CS, but still a viable route. I would put it about on par with a ME degree.
Patents Demystified thank you so much! I really appreciate this. I just decided to double major in political science and IE. I am a former EE major but dropped it a few years ago. I am now 21 and picking it back up. A lot of my research showed that nobody wants to hire an IE as a parent attorney since an ME can do most of what they do. You definitely boosted my mood and gave me some hope with this.
Do you offer 1 on 1 consulting for people exploring the field and getting ready to apply to law school ?
You bet. Glad to help. There are job opportunities for just about any technology background if folks take the time to search and hustle. Naturally, EE and CS folks are going to have a much easier time than other technical backgrounds, but that should not discourage folks with other degrees. For example, highlighting the EE classes you took and other experience you might have can help elevate any concern that you would not be able to handle computer-related patent applications in addition to IE or ME subject matter. Taking the patent bar can help open all sorts of interesting opportunities so I recommend folks do it if possible if they are interested in patents.
No, unfortunately I don't offer consulting services for helping folks applying to law school or pursuing patent careers.
I have a bachelor’s degree in Materials Science and Engineering, and is an advance degree required or expected to become a patent attorney?
This will likely qualify you to sit for the patent bar. For more detail on that, check out these videos:
ua-cam.com/video/34j0KOTjqhQ/v-deo.html (Best Technical Background for A Patent Attorney)
ua-cam.com/video/2AetThIPpMM/v-deo.html (How to Qualify for the Patent Bar)
As far as an advanced degrees, it depends on the technology area and market conditions. Advanced degrees are not typically required, especially for computer-related work. When I was starting my career, you really needed a masters or PhD to be competitive in biotech patent jobs, but that's less so these days.
Maybe look at becoming a Patent Examiner instead...I heard that the USPTO is always looking for a few good people. Gotta have a degree though 😎 STOC
What if there's something laying around that we take for granted and one day I discovered that this thing can save lives. Can I get a patent? Can I request for emergency patent so I can start manufacturing the product so no one will freeze to death next winter?
A new use of an existing product can be patentable assuming the new use is novel and non-obvious over the prior art. However, you don't need a patent to be able to start manufacturing the product. Patents only give you the right to exclude others from the claimed invention and do not give you a right to practice the invention. This video has more detail on that: ua-cam.com/video/Z2ZFu9KJtUE/v-deo.html You would probably want to file a provisional patent application before any public disclosures, public uses or offers for sale, but you definitely don't need to (and wouldn't want to) incur the time and cost to get an issued patent before moving forward with the business.
@@PatentsDemystified The existing products aren't used for comforts, lifesaving gear and lesser cost in terms of maintenance. The ability of this thing to save lives and comfort hasn't been discovered by anyone I think. This product could have save some lives who got frozen to death this winter. It saves my life. This is the second winter of my experiment and it works.
Are you taking new clients?
Unfortunately, I’m not able to take on new clients until at least June.
Who are the people who you are talking to and presenting arguments to? What is their job name called?
The folks we talk with and present arguments to at the United States Patent & Trademark Office (USPTO) are called "Patent Examiners." This video has more detail on working with them and who they are: ua-cam.com/video/qcx2SmaitXA/v-deo.html (Working With Patent Examiners).
@@PatentsDemystified thanks bro
@808iden4 You bet. Glad to help.
Hey! Love the videos man. I have a simple design patent I would like to file. One thing I was concerned about was that I heard micro entities couldn’t license the patent to big companies making over $150k in revenue. Is this true? Thank you so much
I think what you are referring to is that you lose micro entity status if you license to a large or small entity. This page has more info on that www.uspto.gov/patents/laws/micro-entity-status
@@PatentsDemystified thank you so much. Can you get a design patent on something inside a clear container? For example the goober pb&j. Can they patent the alternating peanut butter and jelly lines?
This is a fascinating question. There are actually a couple of important questions here: 1) could you patent something like this, and if so, 2) would the patent protection actually be useful. To the first question, you would probably want a patent attorney to do some research into it, but I don't believe design patents would let you patent something that is through glass since they only protect one physical ornamental design of the exterior of an article and I don't believe transparency would be allowed in the design protection. However, it might be possible to get a design patent on the design of the stuff inside the container with the container removed. It depends of what the stuff is and what's important to protect. For example, things like color would not be protectable via design patent but textures and shape could.
However, even if you were able to get design patent on something like this, the protection might be too limited to be of much value and there may be a better way to protect the concept more broadly. For example, a design patent would only cover one single specific design and shape of the stuff in the container and someone might be able to get around the design patent just by using a different size/shape of container or changing the deign of the stuff inside. Depends on the specifics, so have a patent attorney take a look. However, you might be able to use trademark protection to protect the look of the product more generally and that could be a better option. Talk with a trademark attorney who has experience with trade dress trademarks about this option, which is likely more cost effective and stronger protection depending on what the product actually is.
@@PatentsDemystified thank you dude. The only UA-camr that replies to my comments. You took your time too. Truly appreciate it. What is functionality exactly? Could something functional be a way to package food in a way that saves money on packaging? Or saves shelf space?
Sounds like what you are asking about is how utility patents can cover the functionality of something, whereas design patents only cover the ornamental design of products.
Utility patents can cover functionality in terms of a physical structure of something or methods such as of use or operation. Things like saving money on packaging or shelf space could be indirectly protected via a utility patent via physical structure or associated methods. Does that answer your question?
May I ask that if a foreigner could become a patent attorney in the US?
Hi Jan,
Only U.S. citizens or permanent residents can be registered to practice law before the USPTO. However, the USPTO grant does grant "limited recognition" under 37 CFR § 11.9(b) to nonimmigrant aliens who demonstrate that they are authorized to be employed or trained by a specific employer in the capacity of preparing and prosecuting patent applications. You can find more details on this here: www.uspto.gov/learning-and-resources/patent-and-trademark-practitioners/becoming-patent-practitioner
@@PatentsDemystified Thanks a lot, it's very specific and useful to me.
@@janzeng9711 you made progress?
Just posted a video on the best technical background to become a patent attorney. Thought it might be relevant to you: ua-cam.com/video/34j0KOTjqhQ/v-deo.html
did you say "drafting application" by any chance? hahah just joking..nice video which gave me a clear of what I would be ending up doing. :)
Thanks, Luca. I appreciate it. Thanks for leaving a comment.
Just received my bachelors and masters in mechanical engineering in January 2022. I recently entered the automotive industry working for GM but have always been interested in a patent attorney career. Does anyone have advice if it is too late to pursue this career (I am 24 years old)?
Hi Mike,
At 24, it's definitely not too late to pursue a career in patents. In fact, folks who spend some time in industry first tend to be more successful and more attractive job candidates. My suggestion would be to start with taking the patent bar and deciding whether you want or need to go to law school. Depending on what your goals are, you might not even need or want to go to law school and could just be a patent agent, or could start out as a patent agent and then go to law school. Do you have a vision of what sort of job you ultimately want? A private practice at a firm? Working with patents in-house? These videos might be useful:
When should you take the patent bar: ua-cam.com/video/v174imEDDfw/v-deo.html
Patent attorney vs. patent agent: ua-cam.com/video/aQC3nQmri40/v-deo.html
@@PatentsDemystified thanks for your reply, this is extremely helpful information! Cheers!
You bet. Glad to help!
Why does it take so long again? Is somebody slacking?? Why isn't there some sort of EZ pass???
I've actually got a couple of videos on this exact topic:
How Long to Get a Patent? - ua-cam.com/video/PR6_mCjEZPw/v-deo.html
Why A Long Patent Process is Not Bad - ua-cam.com/video/i-gOhxR0X5w/v-deo.html
There is a way to expedite examination by paying a bunch in extra fees and doing some extra work, but we never do that for the reasons discussed in these videos.
@@PatentsDemystified Nice! Ok, I look forward to finding the answer within your awesome videos! Thanks for responding 😁😎 STOC
2:45 huh?
I'm not quite sure what your question is. Could you clarify?
...Sacrebleu long time
I'm at the ira stage !
Nice!
Wonderful video for students like me :D Thank you so much.
I love all your videos- it got me interested in patent attorney
Actually I'm a South Korean student going to Canada this year, and I was searching for my careers.
One question; what kind of ability is most required when doing a patent attorney?
Thanks for watching and for the comment. Probably the most important ability as a patent attorney is being able to quickly learn new technology of the clients that you work with, so having a good technical background and ability to apply it is useful. Patent attorneys typically work with a wide variety of new technology all the time, which makes the job great, but also makes it challenging.
@@PatentsDemystified Thanks for answering!
Well that's a relief, I love learning new things! I'll study hard to be a patent attorney like you :D Once again, thank you for all your videos♡♡
If you love learning new things, being a patent attorney will be a great fit for you - constantly learning new things is what I love about my job.
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