How To Become A Patent Attorney: What It Is and Career Path

What is a patent attorney and how to become one

Updated January 8, 2025

3 min read

Quoted expert

Kimberly Dasse

A patent is an exclusive right granted by the state allowing its owner to control commercial exploitation of an invention. Patent attorneys complete and file patent applications and also work to protect the rights of the inventor or patent holder in courts and with the U.S. Patent and Trademark Office (PTO).

Tasks of a patent attorney include, but are not limited to, discussing invention and researching the likelihood of successfully attaining a patent, and litigating patent infringement controversies in court. Moreover, they work with federal patent examiners to resolve any patent related issues, describe inventions in strict legal terms and draft patent applications, and analyze scientific and technical documents previously granted patents to determine if the new invention infringes upon any rights or not. Admission to law requires a bachelor's degree and successfully clearing the LSAT. Furthermore, they are required to pass the Bar exam to successfully qualify as a lawyer. Most employers prefer patent attorneys to have prior work experience as well.

The average hourly salary for the position is $43.05, which equates to $89,543 annually. The career is expected to grow in the near future and create new opportunities across the United States.

What general advice would you give to a patent attorney?

Kimberly Dasse

Assistant Professor, University of North Dakota

The concept of a legal career encompasses a wide array of roles, extending beyond the traditional associate-partner trajectory. I therefore recommend that law students plan early. While still in school, seek out internships or externships that afford opportunities to explore diverse roles, such as placements at non-profits, district attorney’s offices, public defender’s offices, and law firms. This type of exposure will help students to determine what roles align best with their personal circumstances, identity, and aspirations. Once a course is set, pursue that path with determination. As practitioners, they should strive to excel by applying their academic knowledge and life experiences to their work. Pose thoughtful questions that reflect genuine engagement and consideration for the work. Cultivate mentoring relationships with seasoned professionals who can offer guidance in navigating legal practice and office dynamics. The above steps are particularly important for first-generation professionals. As new entrants to the profession, one may not have a built-in or pre-existing network, so building connections early in law school can yield significant benefits later when transitioning into the profession.

ScorePatent AttorneyUS Average

Salary

6.8

Avg. Salary $86,919

Avg. Salary $59,228

Stability level

10.0

Growth rate 10%

Growth rate 0.3%

Diversity

2.5

Race

American Indian and Alaska Native 0.31%

Asian 6.48%

Black or African American 5.66%

Hispanic or Latino 7.89%

Unknown 4.39%

White 75.28%

Gender

female 20.66%

male 79.34%

Age - 45

Race

American Indian and Alaska Native 3.00%

Asian 7.00%

Black or African American 14.00%

Hispanic or Latino 19.00%

White 57.00%

Gender

female 47.00%

male 53.00%

Age - 45

Stress level

10.0

Stress level is very high

7.1 - high

Complexity level

10.0

Complexity level is advanced

7 - challenging

Work life balance

4.9

Work life balance is fair

6.4 - fair

Key steps to become a patent attorney

Explore patent attorney education requirements

Most common patent attorney degrees

Bachelor's

44.5 %

Doctorate

42.4 %

Master's

11.4 %

Start to develop specific patent attorney skills

Skills	Percentages
Electrical Engineering	15.35%
USPTO	12.64%
Law Firm	10.52%
Litigation	8.37%
Patent Prosecution	8.24%

Complete relevant patent attorney training and internships

Accountants spend an average of 1-2 years on post-employment, on-the-job training. New patent attorneys learn the skills and techniques required for their job and employer during this time. The chart below shows how long it takes to gain competency as a patent attorney based on U.S. Bureau of Labor Statistics data and data from real patent attorney resumes.

Research patent attorney duties and responsibilities

Advise client in requirements to achieve and maintain critical FCPA compliance.
Conduct extensive legal research and prepare pleadings, discovery requests and responses and motions in trademark and copyright litigation matters.
Conduct trademark oppositions, cancellations and appeals before TTAB.
Review and execute infringement and invalidity analyses for patents relating to telecommunications and call routing in support of major infringement litigation.

Prepare your patent attorney resume

When your background is strong enough, you can start writing your patent attorney resume.

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