Law School Student Corner

Taking the Patent Bar

The patent bar is a nuisance and a blessing. It is a nuisance because it is a fair amount of work and expense and a blessing because it is one factor within your control that pays a high dividend.

Bill's Predicament

Bill is going to a tier two law school that is not particularly known for IP and is just finishing his second year. Bill's LSAT score could have been better, but he had a 3.5 GPA as an undergrad in chemistry. Bill worked as a chemist for three years (at $60K) before going to law school. Bill has mostly all B's with a few C's in law school. He has a chemistry degree but never took the patent bar. His top priority is to get at least one job offer for a summer internship that leads to full time employment one year later, but the only offer was from a three person firm nearby. Bill must start a high paying job almost immediately after graduating from school since he borrowed or will borrow $50K in student loans and around $10K on credit cards by the time he graduates. The loan payments per month will be the equivalent of a mortgage payment on a small house in the Midwest. Bill is married and he and his wife would like to have a baby since they have been putting this off for many years. Right now Bill's future is very doubtful, but this could have been easily avoided.

Bill's Mistakes

1. Bill should have taken the patent bar either before law school or during his first summer in law school. No matter what your situation, taking and passing the patent bar either before law school or during the first summer in law school may dramatically improve your situation. We are assuming that your "situation" involves getting the very best job possible after graduating, one that provides a high salary ($125-160K), good benefits and a stable future. Taking the patent bar has the following impact:

   • Getting a Summer Internship at the Right Firm-Preparing for and passing the patent bar will raise a candidate's confidence level and the ability to discuss patent matters with a potential employer with the likelihood of impressing the interviewer and getting a job offer. Obviously, the candidate with a registration number has a distinct advantage.

   • Making an Impressive Contribution at the Firm-During the internship, the knowledge obtained by studying for the patent bar will almost assure that your efforts will be better than those of the uninitiated. Obviously, the candidate with a registration number has a distinct advantage.

   • Getting the Dream Job-As you can see from the above, having a registration number leads to meaningful summer internships, which may in turn lead to a job offer for full time employment at the firm or other firms. Obviously, the candidate with a registration number has a distinct advantage.

   • Succeeding on the Dream Job-Once you arrive at a full time job, this usually involves patent applications and patent prosecution. Since you have passed the patent bar you are prepared for these assignments and ready to go. And of course, you will not be distracted by having to study for and prepare for the patent bar. Obviously, the candidate with a registration number has a distinct advantage.

2. Bill should have at the very least selected a law school that has an IP reputation, either regionally or nationally. Bill should have taken an LSAT preparation course to raise his LSAT score, since this is one of the most important factors at many law schools. As far as selecting a law school, this should be the selection process:

   Selecting a tier two school without a reputation in IP was a mistake no matter how convenient the selection was. If Bill must stay in a particular region, pick the best school in the region. If you cannot qualify for the higher rated schools in tier one, pick a school that has an IP reputation in tier two. Many regional employers may accept a tier two school with a reputation in IP, since many of the attorney's at the firm probably went to that school. Keep in mind that this selection will usually limit employment to the region—for example, the northwest—and in many cases this is not a problem.

   With a higher LSAT and with the good grades that Bill had as an undergraduate, he would have the option of selecting a school with a national reputation, or at least a national reputation in IP. This of course would usually involve moving, which might have been a good option for Bill (married but no children). Many people prefer not to move because of the inconvenience, family reasons, or other ties to the area. This may also involve moving again at the end of law school. For most students, even with small children, accepting moving as a necessary evil can be beneficial. For example, if Bill were living in southern Illinois he could move to the Chicago area and attend one of several highly rated IP schools and probably find employment in Chicago. In this case he would still be only about a 3-hour drive from southern Illinois.

3. Bill had lousy grades in law school. This was his biggest mistake of all. Getting good grades is not rocket science, but you must know what you are doing and how to go about it. Hard work is also necessary, but nothing unreasonable. Every law school student should know exactly how to get good grades before stepping foot in a law school classroom. Talk to prelaw advisors, attend prelaw courses, buy books on the subject, etc. But please do not talk to other students about this, since they are usually as clueless as you are. Keep in mind that a reasonable amount of effort can result in A's, B's or C's, and it is up to you to know beforehand how to get the A grade (same amount of work, but greater opportunities at the end).

4. Bill should have kept his debt down to a more reasonable level, if possible. Debt is a worrisome matter and one that can easily come back to ruin you. Financial stability and creditworthiness are essential to your career; the lower your debt, the better your chances. By just avoiding the credit card debt, Bill would have substantially decreased his monthly payment since the law school debt had a longer payback and lower interest rate. This would have put Bill and his wife in a better situation to start a family.