Category: Patent Bar Exam

MD Prof Wants Looser Restrictions for PBE—Likely?

A Baltimore, MD, law professor with extensive experience in patent law has written that he’d like to see any US lawyer qualify to sit for the Patent Bar Exam, essentially removing the existing restriction to only those in specific STEM fields. Is that likely to happen? A co-director of the Center for Intellectual Property and Entrepreneurship doesn’t think so.

Writing for Patently-O, University of Missouri School of Law Professor Dennis Crouch says the courts and Congress, together with the USPTO, intentionally shifted focus over the years toward detailed technological improvement, rather than a more abstract notion of an invention.

“My experience is that a technology-savvy patent attorney will be better able to cost-effectively understand the important technological details,” Crouch writes. “The technological-education requirement of the patent bar places one hurdle in that framework, but the market continues to operate in this area as well. For instance, many companies only hire patent attorneys with relevant experience in the appropriate technological area and don’t simply rely upon the ‘patent attorney’ status as a total qualifier.”

Careers Website Recommends Patent Law to Life Scientists

Bio Careers® for post-graduate Life Scientists says there is a “substantial need” among pharmaceutical and biotech companies for professionals who are registered to practice before the USPTO.

J. G. Hilton specialist Robert Hagan says some scientists prefer to prepare for and take the Patent Bar Exam before they attend law school. “For those who pass and become patent agents,” Hagan writes, “it provides a good opportunity to experience the practice of patent law before making the decision to attend law school.” If patent agents then choose to pursue the law degree, “it may provide a great opportunity to work part-time during law school, or even work full-time while attending law school on a part-time basis.”

Hagan says a good home-study course like PatBar® Patent Bar PREP is particularly beneficial for students with existing work and school schedules, allowing them to digest the material and prepare at their own pace to sit for the Exam.