Patent Attorneys in Demand?

Question

Recently, I have read many articles screaming the shortage of "qualified" patent attorneys and that there is a shortage of "talent" in this area. Now, I understand the "language" of recruiting/staffing and am wondering if this so-called "shortage" is real OR, like other so-called "demand driven" phenomena in law firm hiring just reflects the current attitude of the legal community--that there are 2 types of attorneys: (1) acceptable with proper pedigree that tends to favor privilege over all else, as it ignores that some very intelligent students may opt for a more economical approach to legal education as opposed to merely looking up the latest rankings; and (2) UNACCEPTABLE as not having the blessed five-points on the star, all of which tend to reflect acceptable class variables. I ask this because there are countless unemployed but FULLY LICENSED patent attorneys in my network of colleagues. Where are they? With the other UNACCEPTABLE but capable attorneys--in doc review pits.

The question is presented to those actually familiar with the profession. If you don't know what a doc review pit is, then this isn't for you. Or, if you don't know how the business models of law firms have changed VERY recently, again, this isn't for you. Thanks.

Answer 1

The term "shortage" is sort of a misnomer. Think more in terms of "fit." Patent attorneys are not one-size-fits-all.

Generally, employers hire patent attorneys for BOTH their technical and legal skills. That is, a good hire must have both an APPROPRIATE legal and technical background. For example, patent prosecutors who are skilled in negotiating with patent examiners regarding highly technical subject matters at the patent office may not make good litigators who must present evidence in a straightforward manner to a technologically unsophisticated jury in court. Similarly, a patent attorney who is a skilled electrical engineer may not have the education and training to do biotech work with competency.

As to the "prestige" thing, reputation should matter. All else aside, wouldn't you question the judgment of someone who would choose No-name University over Harvard for the same price?

Turning to the issue of doc review pits, it sound like you are working in a patent litigation firm. In my humble opinion, law firms operate basically like all other businesses. All businesses base their hiring decisions primarily on only one all-important criterion--whether a potential new hire has appropriate skills and temperament to make money for the business. Prestige is at least somewhat correlated to money.

Answer 2

What do you consider a "fully licensed patent attorney" ? Just someone with a law degree ? Most patent attorney firms (at least the reputable ones) want attorneys with an engineering discipline.

My son, who happens to be a patent attorney, graduated with a degree in electrical engineering, and then continued on for his law degree. He was hired during the summer of his second year law school internship.

Ummm...no, it had nothing to do with 'class variables', since he does not have a five point star. And no, his parents are not named Kennedy, Hilton, or Vanderbilt either.

Answer 3

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