
As a legal recruiter who specializes in patent agents, the most important initial issue that I have to address when I first see a resume or speak to a candidate is whether the candidate is viable in the law firm market. This market is highly competitive. Moreover, the patent agent candidates that get hired by top firms are not necessarily the best and brightest engineers and scientists. The reality is that I have to turn away many eager and highly talented scientists and engineers because they simply do not meet all of the key requirements for a patent agent in the law firm market. The purpose of this article is to help inform current and aspiring patent agents regarding the actual key requirements used by major law firms in their hiring decisions. There is one last general point to keep in mind. This market is also complex. It is wise to retain the services of a top-notch recruiter who is both knowledgeable and experienced with the law firm market. Although beyond the scope of this article, good recruiters bring high value in a professional job search in terms of information, efficiency, and effectiveness.
1. The Degree
The first initial requirement is whether the candidate has the exact technical degree that the firm is looking for. Often, this determination is not difficult. For example, the most "in demand" degree is electrical engineering. You either have that stated degree or you do not. But what if you do not have the exact same degree but you have something that is truly equivalent? If that is the case, then you will have to explain this to the law firm. In addition, you not only need the right kind of degree, but you also need the right level of degree, meaning certain graduate degrees when the firm asks for them. Going to a prestigious school is also a definite plus, but not usually critical. Your grades are also a significant factor in this determination.
2. The Patent Bar Exam
Your degree is not your only technical requirement. Being a patent agent is only partly about science and technology. Rather, patent prosecution entails mastery of the law of Intellectual Property also. Just as you have to show your technical expertise, you must show your legal expertise as well. You do this by taking and passing the bar exam administered by the United States Patent and Trademark Office. Virtually every law firm seeking a patent agent will make admittance to Patent Bar an express requirement. Yet, many aspiring patent agents do not take the test, believing that they will be able to get by solely on their outstanding technical achievements and then the law firm trains them to be patent agents. It does not usually work this way. Firms do not want to spend the time and money to train new patent agents. They want experienced patent agents who have passed the Patent Bar and have already been trained by someone else. This leads to the third requirement.
3. Patent Prosecution Experience
Law firms seeking patent agents typically require at least 1-2 years of prior patent prosecution experience, and often as many as 3-4 years or more. It is possible to get patent prosecution experience without having passed the Patent Bar, although it can be more difficult. But regardless of whether you pass the patent bar first and then get sufficient experience or the other way around, the most important aspect is that you get both done. If you are lacking in either or both of these requirements, you will be at a serious disadvantage compared to all of your competitors in the legal market who have both of them covered.
4. Technical Experience
What you have done in your prior career in science or technology is also important, of course. But it is only really valuable if it relates to the particular type of technology that you will be dealing with in prosecuting their patents. In other words, like the degree, there needs to be a match between your background and the firm's particular needs. The better you are able to make this match, the stronger candidate you will be.
5. Personality and Presentation
The four requirements discussed above are the ones that will be most instrumental in getting you an interview. At that point, the focus will now be on the last two requirements on the question of whether the firm will give you an offer. The first of these last two requirements, personality and presentation, largely encompasses how well you fare during your interviews. The firms do not just want technical brilliance. They want someone they can work with and depend on. But while wowing the firm with your charismatic personality will certainly help you in interviews, you will need something more to get the offer. Law firms place a high value on motivation and enthusiasm. Working in major law firms means serious commitments to client needs and long hours. Moreover, like human beings, law firms want to be wanted. They thus want to hire candidates who are excited and enthusiastic. While obviously beyond the scope of this article, learning how to interview and present well to law firms is a complicated art that can be mastered with knowledge and practice. This is another area where a good recruiter can be invaluable.
6. Character
The last requirement that is usually evaluated in a law firm hiring is the "character" issue. Typically, the patent agent candidate fills out a detailed questionnaire that explores the candidate's personal and professional past. Questions typically include whether the candidate has been a party to a lawsuit, have they ever been convicted of a crime, how many places have they lived in the past five years, what is their credit history, and what are their explanations as to why they left past jobs. This is also the time the candidate typically authorizes a background investigation and contacts references. For most candidates, nothing of interest comes up. But some candidates have "issues" that could jeopardize the offer unless they are satisfactorily disclosed and explained. Again, a good recruiter is invaluable in these situations.
In conclusion, by learning and focusing on the seven key requirements of the legal market, a patent agent candidate can formulate the best strategy and presentation in their job search, thus substantially increasing their chances of success. Working with top recruiters can increase these chances even more.
Frequently Asked Questions
How Much Do Patent Agents Make?
A patent agent protects one's intellectual property or invention from being stolen or acquired by other individuals or businesses. An agent usually reviews patents and determines how long it will take to obtain the right to use them. The majority of patent agents earn their law degrees and are licensed to practice in their state, making them patent lawyers. Once you have received your law degree, the terms patent agent and a patent lawyer can be interchanged.
Additionally, the Patent Agent will file patents with the U.S. Patent and Trademark Office so that the client can manufacture and market their own products without the interference of other businesses. To protect their rights and profits or to resolve any escalated or complicated disputes, some clients may request that their patent lawyer appears in court.
Patent Agents typically earn between $84,760 and $118,786 a year as of May 27, 2021, with an average salary of $98,375. There can be wide variations in salary depending on many factors, such as education, certifications, additional skills, and the number of years you have spent working in your field.
About $96,081 is the average salary of a patent attorney. The hourly rate is $46.19. Entry-level positions, for example, earn only $51,000 a year, which is in the lower 10%. Meanwhile, the top 10% of earners earn on average $177,000 per year. Professionals and technology companies seem to be the most appealing to patent attorneys. Patent attorneys are usually employed by pharmaceutical, professional, and manufacturing companies unless they are more concerned with money. This is where the money is, even according to the workers in these sectors. People make career decisions based solely on location, even though money is important.
Is Becoming A Patent Agent Worth It?
Job Prospects, Employment Outlook, and Career Development
Patent agents have good job prospects. With a growing population and advancement in science and technology, as well as the rise in inventions, employment opportunities for patent agents will eventually increase. Patent agents will be in greater demand as awareness of the intellectual property law and complexity increases.
It is possible to become a patent attorney from a patent agent. In addition to starting their own IP law firms, they can also become attorneys. It is very rewarding and prestigious to pursue a career in patent law. Several opportunities for interaction with creative inventors arise from its intense intellectual challenges.
Are Patent Agents In Demand?
According to the United States Bureau of Labor Statistics, patent agents' job outlook is 4% over the next 10 years. As more law school graduates graduate each year, competition for this role will be fierce. Candidates in this field will have more competition for vacant positions than there are available roles, which may make it more challenging for them to obtain a job.
How Hard Is It To Become A Patent Agent?
Patent agents and patent attorneys perform the same roles. Neither patent agents nor patent attorneys are lawyers, but they are both engineers or scientists who have studied the patent law system and how the patent office works. Aspiring patent agents and attorneys must complete a series of rigorous courses.
As a patent agent, you are licensed to practice in most states in the United States. However, as a patent attorney, you have additionally graduated from law school and passed the law bar.
A patent agent or attorney must take an extremely difficult examination with a very low pass rate to become eligible for admission. The patent bar is officially called the Examination for Registration to Practice in Patent Cases Before the United States Patent and Trademark Office.
There will be 100 questions on the test, which will take six hours to complete. There is a three-hour window in the morning for the applicant to complete 50 questions and another three hours in the afternoon. There are ten beta questions in the exam, and they do not count towards the final score, so it is impossible to determine which 100 questions are among these 10 ungraded questions. Scores of 70 percent or 63 correct answers out of 90 graded questions are required for passing.
In addition to preparing and filing patent applications, someone who has been admitted to the patent bar can also prosecute the patent applications via examination at the patent office until the issue is awarded.
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
- Family Law
- Trust and Estate
- 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.
- His articles on BCG Search alone are read by over 150,000 attorneys per month, making his guidance the most sought-after in the legal field. Read his latest insights here.
- He has conducted hundreds of hours of career development webinars, available here: Harrison Barnes Webinar Replays.
- His placement success is unmatched-see examples here: Harrison Barnes' Attorney Placements.
- He has created numerous comprehensive career development courses, including BigLaw Breakthrough, designed to help attorneys land positions at elite law firms.
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.
Harrison's reach, experience, and proven results make him the best legal recruiter in the industry. Don't settle for an average recruiter-work with the one who has changed the careers of thousands of attorneys and can do the same for you.
About BCG Attorney Search
BCG Attorney Search matches attorneys and law firms with unparalleled expertise and drive, while achieving results. Known globally for its success in locating and placing attorneys in law firms of all sizes, BCG Attorney Search has placed thousands of attorneys in law firms in thousands of different law firms around the country. Unlike other legal placement firms, BCG Attorney Search brings massive resources of over 150 employees to its placement efforts locating positions and opportunities its competitors simply cannot. Every legal recruiter at BCG Attorney Search is a former successful attorney who attended a top law school, worked in top law firms and brought massive drive and commitment to their work. BCG Attorney Search legal recruiters take your legal career seriously and understand attorneys. For more information, please visit www.BCGSearch.com.
Harrison Barnes does a weekly free webinar with live Q&A for attorneys and law students each Wednesday at 10:00 am PST. You can attend anonymously and ask questions about your career, this article, or any other legal career-related topics. You can sign up for the weekly webinar here: Register on Zoom
Harrison also does a weekly free webinar with live Q&A for law firms, companies, and others who hire attorneys each Wednesday at 10:00 am PST. You can sign up for the weekly webinar here: Register on Zoom
You can browse a list of past webinars here: Webinar Replays
You can also listen to Harrison Barnes Podcasts here: Attorney Career Advice Podcasts
You can also read Harrison Barnes' articles and books here: Harrison's Perspectives
Harrison Barnes is the legal profession's mentor and may be the only person in your legal career who will tell you why you are not reaching your full potential and what you really need to do to grow as an attorney--regardless of how much it hurts. If you prefer truth to stagnation, growth to comfort, and actionable ideas instead of fluffy concepts, you and Harrison will get along just fine. If, however, you want to stay where you are, talk about your past successes, and feel comfortable, Harrison is not for you.
Truly great mentors are like parents, doctors, therapists, spiritual figures, and others because in order to help you they need to expose you to pain and expose your weaknesses. But suppose you act on the advice and pain created by a mentor. In that case, you will become better: a better attorney, better employees, a better boss, know where you are going, and appreciate where you have been--you will hopefully also become a happier and better person. As you learn from Harrison, he hopes he will become your mentor.
To read more career and life advice articles visit Harrison's personal blog.