Alexander Sikov via istockphoto
The law touches every part of life. Whether that be regulating how fast cars can drive, the consequences for crimes, or what actions are even classified as a crime, it is difficult to find an aspect of society that is not influenced by the law. An overlooked aspect of the law is the degree to which it is intertwined with the business world, specifically in regard to patents. According to the US Patent and Trademark Office (USPTO), a patent is a document that gives an inventor the ability to “exclude others from making, using, offering for sale, or selling an invention.” Clearly, if granted, having a patent is extremely powerful. It is central to allowing an emerging company or idea to establish itself amongst its desired consumers without the threat of competitors for several years before they no longer have these exclusive rights. Given the significant amount of power a patent holder has, it follows that the process for acquiring one is extremely rigorous, which is where patent lawyers come in.
What is a patent lawyer?
A patent lawyer is an individual who guides their clients through the complicated process of achieving a patent and/or helps defend their clients if they believe their existing patent has been infringed upon. Therefore, they must have a solid background in both technical and legal knowledge. As a result, it is very common for patent lawyers to have studied a hard science during undergrad, which highlights the versatility of a STEM degree.
The main duties of a patent lawyer include searching databases of pre-existing patents to contextualize their client’s idea and better understand if it is novel enough to warrant a patent, assist clients in curating patent applications that highlight the uniqueness of their idea and/or product, and helping clients defend their patents in the event that they are infringed upon by competitors.
A conversation with a Vanderbilt Law School Professor, Dr. Sean B. Seymore, expanded upon the roles, duties, and lifestyle of a patent lawyer. He highlighted the fact that, given the complexity of patents and how they both need to be acquired and enforced, there are two main sects of patent lawyers: patent litigators and patent prosecutors. Dr. Seymore spent some of his career working as a patent prosecutor, finding it to be a very interesting profession. Having achieved a PhD in Chemistry from the University of Notre Dame, he expressed how he was excited to be able to learn and see new, cutting-edge technologies in his field as they were developed.
In addition, he highlighted the main distinctions between patent prosecutors and patent litigators. Specifically, he stated that patent litigators often can attain this position after completing an undergraduate degree in a hard science and then attaining a law school degree, while patent prosecutors often must have an advanced degree in a hard science as well as a law school degree. This distinction in qualifications for the two professions is present because, while patent litigators often are employed by clients when they are seeking to defend their company or idea against patent infringements, patent prosecutors are the attorneys who are responsible for assisting clients in curating their patent applications in the first place. Therefore, it is more necessary for patent prosecutors to have an extremely deep understanding of their clients’ inventions to ensure that they are novel enough to qualify for patents. Given the difference in the nature of these two roles, patent litigators find themselves, as the name would suggest, interacting with opposing counsel more often and going to court, while this is not a part of the duty of a patent prosecutor.
Even within the scope of patent law, there are a variety of pathways one can take. Many attorneys specialize in working with clients within the scope of the science they best understand, but there are opportunities for those without a background in science within this field as well, through Intellectual Property (IP) law. People can also choose how often, or if they would like to go to court at all, based on which kind of patent lawyer they become. Dr. Seymore stated that, contrary to popular belief, not all lawyers regularly go to court, and those interested in law, but not necessarily presenting in front of judges or an audience may be interested in a career in patent prosecution.
Why are patent lawyers so important?
For a business to establish itself and have market control, it must differentiate itself, and having a patent is one of the best ways to do so. Therefore, patent lawyers, whether they are protecting an existing patent or working to draft a new one, serve as an invaluable resource to businesses working to eliminate competitors to generate maximum revenue. Specifically, drafting patents is an extremely complicated process. Therefore, patent prosecutors, who have passed the US Patent Bar, a separate bar exam focused solely on the rules of drafting a patent application, are extremely helpful in ensuring individuals or businesses applying for patents highlight the uniqueness of their product or idea to increase the chances that their patent is granted.
Perhaps, most importantly, a business seeking out the assistance of a patent lawyer is granting itself the gift of more time, an extremely important asset to businesses. Instead of learning the complexities of drafting and protecting a patent, they can work to expand upon their invention with the time saved by hiring a patent lawyer.
Interested? What can you do to explore as a Vanderbilt student?
Given the large population of Vanderbilt students who are interested in business, it would follow that many, especially those potentially interested in law, may be interested in a career in patent law as well. Luckily, there are several on-campus resources and programs that could be helpful to individuals discerning if law is the path for them:
- Vanderbilt’s Legal Studies Minor is an excellent option for those looking to get a taste of what law school may be like. All of its courses are taught by law school professors, in the same style that law school is taught.
- There are many organizations on campus such as Mock Trial and the Pre-Law Society that bring together groups of students who share an interest in a career in law and can serve as support systems for one another.
- Vanderbilt has a Pre-Law Advisor who can work one-on-one with students to assist them in discerning if law school may be the path for them as well as what getting there would entail and look like.
- If one is interested in patent law specifically, it is important that they are working towards a science degree. While these courses are very challenging, they are also fascinating and very rewarding. Resources like the Vanderbilt Tutoring Center can be very helpful in preparing for exams in these classes.
While patent law is certainly not a traditional legal field, it could be a great option to consider for those who find themselves interested in STEM, law, and business. In addition, the variety of pathways within a career in patent law provide many different opportunities for those interested in the profession.
