Patent lawyer is a legal professional who deals with the intellectual property rights of an individual and business. Large business concerns undertake large projects for development of business. The projects that they undertake are related to research and development activities. They undertake activities that relates to invention or innovation of the product. The process of invention and innovation is complicated and involves special skills. The company or the individual cannot inform the other companies or individual about the process of invention and the skills involved in the process of invention. Hence the company or the individual who has invented or innovated a product should acquire rights to maintain secrecy of his invention or innovation.
A patent lawyer gives advice to the individual or the business concern about the laws relating to protection of intellectual rights.
A patent lawyer is usually specialized in the area of patent laws and protection of intellectual rights. He can specialize in this subject when he is studying for Juris degree or master’s degree in law choosing patent law as a specialized subject. He can attain a degree in finance or commerce and they apply for a law degree in a reputed law institute. He should pass the State Bar examination and acquire admission in a reputed law institute. In some states, a patent attorney or a patent lawyer should attain a law degree in patent law.
But some states allow a person to practice patent laws if he is experienced in patent laws. If he has worked in patent offices for a long period, then he can handle matters related to patent laws. Hence he can choose to be an independent practitioner and handle patent laws. An independent practitioner should obtain a license by the American Bar Association if he wants to commence his independent practice. The patent lawyer should provide opinion about patent following the rules of U.S. Supreme court and also process the patent applications. They maintain files of the patent applicants and provide a valid period for patent.
In U.S. the patent attorneys or patent lawyers can obtain license to practice law in only one state. He should be a resident of that state. The patent lawyers in U.S. should comply with the USPTO rules of ethics and professionalism and he must pass the USPTO registration examination if he wants to commence his independent practice on patent laws. He is labeled as ‘patent attorney’ if he passes the examination. If he is not admitted to the bar as a patent attorney, then he can get title as ‘patent agent’. He cannot provide legal advice or represent to the court but he can process the applications of the patent applicants. A patent lawyer should have knowledge about technical, scientific and educational aspects also to become a patent lawyer. If he becomes a patent lawyer, he should handle these matters.
If he has attained a bachelors’ degree in science, physics, biochemistry or any other related subject then he can easily attain admission in a reputed law institute.