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What Advice Do You Have if I Want to Be a Patent Agent?

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published January 12, 2015

By CEO and Founder - BCG Attorney Search left

Question:

I am just finishing up a Ph.D. program, and I think I want to be a patent agent. What advice do you have?


Answer:

I see a ton of resumes from candidates who have recently finished up with their Ph.D. and/or postdoctoral research, and have decided that for the next step in their career, they want to become a patent agent (or sometimes technical specialist/technical advisor) at a law firm.
What to Do to Become a Patent Agent

Being a patent agent can be an interesting, fulfilling, and generally well-paying career route, but breaking into the law firm world as a patent agent is extremely difficult.

For one, there is a lot of competition. As I mentioned above, I see a ton of resumes for would-be patent agents, the vast majority of whom have done little-to-no actual patent prosecution work. They may hold patents of their own, have written scholarly articles, published research papers, presented at conferences, etc. These are great accomplishments in their own right, but at the end of the day, law firms simply do not see them as equivalent to or substitutes for actual patent-drafting experience.

So the very first thing you should look to do if you are at all considering eventually moving into patent practice at a law firm is to get whatever direct patent-drafting experience you can find, whether it is your own personal patents, taking the lead on drafting a patent application for a development in your lab, assisting at a law school's patent clinic, or becoming USPTO licensed and finding applicants whose patents you can draft to be submitted, even if you eventually have them reviewed by or work in conjunction with a more seasoned patent agent or attorney.

I cannot emphasize enough that actual patent drafting experience is the very first and most important question law firms ask me as a recruiter when I submit a patent agent candidate to them. Unlike a university, law firms are very much a pure business, and when they spend the money to recruit and hire candidates, they are looking for a very quick return on their investment in terms of a capable employee who can do the firm's client work with little to no additional training or supervision.

Many firms are very picky about the type of patent drafting experience you have as well. In the patent law world, you may have drafted dozens of patent applications for software, but a particular firm's clients may be primarily hardware technology companies, and thus the hiring partner who services those clients may turn down an otherwise very qualified applicant with a computer technology background simply because they are looking for a more specific and direct "fit" with their client needs.
United States

When researching potential firms, and especially if you have a "dream" firm in mind, it is important to look at the attorney profiles, representative matters, and other information on the firm's website so that you can tailor your resume, cover letter, and interview answers (should you get to that stage) to the firm's client base. It is not surprising that hiring partners will favor a candidate who both knows their business and will help make their lives easier and their practices more profitable.

There are very few firms who hire patent agent candidates who do not already have prior patent drafting experience, so it absolutely bears repeating that the best thing you can do for your career if you desire to become a patent agent is to seek out every opportunity possible to draft all or part of as many patent applications as you can to build your experience. Ideally you will be drafting patent applications in technology areas related to your degree, as law firms are also very picky about the particular degree a candidate has (i.e., I have seen firms turn down an exceptional patent agent candidate with a Physics degree who had extensive patent drafting experience in the electronics sector, simply because the partners were looking exclusively for a patent agent with an Electrical Engineering degree - it was what the firm's clients wanted in a patent agent doing their work, so that is of course what the partners wanted as well).

Secondly, you should become registered with the USPTO. This is a formal requirement for most law firms for their patent agents and technical specialists, and is a de facto requirement in the job market generally. Taking and passing the Patent Bar exam by no means will guarantee you a job at a law firm, but it will make you much more marketable as a candidate. Even if you already have significant patent drafting experience, becoming USPTO registered is still important because would-be clients of law firms like to see those kinds of credentials, and so firms who are concerned about attracting and retaining clients (i.e., every single law firm in existence), will want you to have that credential as part of your profile.

Finally, you should be prepared to be geographically flexible, ideally willing to relocate wherever the work is, and especially at the early stages of your career, wherever you can gain the best experience that will open up other opportunities down the road. Now, this may not always be possible given other life constraints (i.e., family ties to an area, a spouse has a job they cannot leave, etc.), but the patent law world is often so specific that there will be few-to-no patent agent positions for particular science or technology backgrounds in a given city depending on whether that city has enough clients who require patent law services that would support a medium-to-large size firm (or sometimes even a patent boutique).Even in a city as large as Los Angeles, there are relatively few patent agent positions when compared with Silicon Valley, simply because the technology sector client base is so different (although that is thankfully beginning to change with the rise of "Silicon Beach" and the relocation or expansion of many start-ups and established technology companies to the Southern California area).

Simply put, if you really want to do a particular kind of work, and you are facing intense competition from the dozens of other Ph.D.'s in your field (and there are literally dozens - we see resumes from newly-minted Ph.D.'s all the time for patent agent listings), you will likely have to be willing to make other sacrifices in terms of location, lifestyle, etc., for the opportunity to break into the world of patent law.

Looking for work as a patent agent? Check out the patent agent listings on BCG Attorney Search.

Summary: I am just finishing up a Ph.D. program, and I think I want to be a patent agent. What advice do you have?

About Harrison Barnes

No legal recruiter in the United States has placed more attorneys at top law firms across every practice area than Harrison Barnes. His unmatched expertise, industry connections, and proven placement strategies have made him the most influential legal career advisor for attorneys seeking success in Big Law, elite boutiques, mid-sized firms, small firms, firms in the largest and smallest markets, and in over 350 separate practice areas.

A Reach Unlike Any Other Legal Recruiter

Most legal recruiters focus only on placing attorneys in large markets or specific practice areas, but Harrison places attorneys at all levels, in all practice areas, and in all locations—from the most prestigious firms in New York, Los Angeles, and Washington, D.C., to small and mid-sized firms in rural markets. Every week, he successfully places attorneys not only in high-demand practice areas like corporate and litigation but also in niche and less commonly recruited areas such as:

  • Immigration law
  • Workers’ compensation
  • Insurance defense
  • Family law
  • Trusts & estates
  • Municipal law
  • And many more...

This breadth of placements is unheard of in the legal recruiting industry and is a testament to his extraordinary ability to connect attorneys with the right firms, regardless of market size or practice area.

Proven Success at All Levels

With over 25 years of experience, Harrison has successfully placed attorneys at over 1,000 law firms, including:

  • Top Am Law 100 firms such including Sullivan and Cromwell, and almost every AmLaw 100 and AmLaw 200 law firm.
  • Elite boutique firms with specialized practices
  • Mid-sized firms looking to expand their practice areas
  • Growing firms in small and rural markets

He has also placed hundreds of law firm partners and has worked on firm and practice area mergers, helping law firms strategically grow their teams.

Unmatched Commitment to Attorney Success – The Story of BCG Attorney Search

Harrison Barnes is not just the most effective legal recruiter in the country, he is also the founder of BCG Attorney Search, a recruiting powerhouse that has helped thousands of attorneys transform their careers. His vision for BCG goes beyond just job placement; it is built on a mission to provide attorneys with opportunities they would never have access to otherwise. Unlike traditional recruiting firms, BCG Attorney Search operates as a career partner, not just a placement service. The firm’s unparalleled resources, including a team of over 150 employees, enable it to offer customized job searches, direct outreach to firms, and market intelligence that no other legal recruiting service provides. Attorneys working with Harrison and BCG gain access to hidden opportunities, real-time insights on firm hiring trends, and guidance from a team that truly understands the legal market. You can read more about how BCG Attorney Search revolutionizes legal recruiting here: The Story of BCG Attorney Search and What We Do for You.

The Most Trusted Career Advisor for Attorneys

Harrison’s legal career insights are the most widely followed in the profession.

Submit Your Resume to Work with Harrison Barnes

If you are serious about advancing your legal career and want access to the most sought-after law firm opportunities, Harrison Barnes is the most powerful recruiter to have on your side.

Submit your resume today to start working with him: Submit Resume Here.

With an unmatched track record of success, a vast team of over 150 dedicated employees, and a reach into every market and practice area, Harrison Barnes is the recruiter who makes career transformations happen and has the talent and resources behind him to make this happen.

A Relentless Commitment to Attorney Success

Unlike most recruiters who work with only a narrow subset of attorneys, Harrison Barnes works with lawyers at all stages of their careers, from junior associates to senior partners, in every practice area imaginable. His placements are not limited to only those with "elite" credentials—he has helped thousands of attorneys, including those who thought it was impossible to move firms, find their next great opportunity.

Harrison’s work is backed by a team of over 150 professionals who work around the clock to uncover hidden job opportunities at law firms across the country. His team:

  • Finds and creates job openings that aren’t publicly listed, giving attorneys access to exclusive opportunities.
  • Works closely with candidates to ensure their resumes and applications stand out.
  • Provides ongoing guidance and career coaching to help attorneys navigate interviews, negotiations, and transitions successfully.

This level of dedicated support is unmatched in the legal recruiting industry.

A Legal Recruiter Who Changes Lives

Harrison believes that every attorney—no matter their background, law school, or previous experience—has the potential to find success in the right law firm environment. Many attorneys come to him feeling stuck in their careers, underpaid, or unsure of their next steps. Through his unique ability to identify the right opportunities, he helps attorneys transform their careers in ways they never thought possible.

He has worked with:

  • Attorneys making below-market salaries who went on to double or triple their earnings at new firms.
  • Senior attorneys who believed they were “too experienced” to make a move and found better roles with firms eager for their expertise.
  • Attorneys in small or remote markets who assumed they had no options—only to be placed at strong firms they never knew existed.
  • Partners looking for a better platform or more autonomy who successfully transitioned to firms where they could grow their practice.

For attorneys who think their options are limited, Harrison Barnes has proven time and time again that opportunities exist—often in places they never expected.

Submit Your Resume Today – Start Your Career Transformation

If you want to explore new career opportunities, Harrison Barnes and BCG Attorney Search are your best resources. Whether you are looking for a BigLaw position, a boutique firm, or a move to a better work environment, Harrison’s expertise will help you take control of your future.

? Submit Your Resume Here to get started with Harrison Barnes today.

Alternative Summary

Harrison is the founder of BCG Attorney Search and several companies in the legal employment space that collectively gets thousands of attorneys jobs each year. Harrison’s writings about attorney careers and placement attract millions of reads each year. Harrison is widely considered the most successful recruiter in the United States and personally places multiple attorneys most weeks. His articles on legal search and placement are read by attorneys, law students and others millions of times per year.

More about Harrison

About LawCrossing

LawCrossing has received tens of thousands of attorneys jobs and has been the leading legal job board in the United States for almost two decades. LawCrossing helps attorneys dramatically improve their careers by locating every legal job opening in the market. Unlike other job sites, LawCrossing consolidates every job in the legal market and posts jobs regardless of whether or not an employer is paying. LawCrossing takes your legal career seriously and understands the legal profession. For more information, please visit www.LawCrossing.com.
Gain an advantage in your legal job search. LawCrossing uncovers hidden positions that firms post on their own websites and industry-specific job boards—jobs that never appear on Indeed or LinkedIn. Don't miss out. Sign up now!

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