How to hire a patent attorney

How to hire a patent attorney, step by step

Here's a step-by-step patent attorney hiring guide:

• Step 1: Identify your hiring needs
• Step 2: Create an ideal candidate profile
• Step 3: Make a budget
• Step 4: Write a patent attorney job description
• Step 5: Post your job
• Step 6: Interview candidates
• Step 7: Send a job offer and onboard your new patent attorney
• Step 8: Go through the hiring process checklist

What does a patent attorney do?

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1. Identify your hiring needs

   The patent attorney hiring process starts by determining what type of worker you actually need. Certain roles might require a full-time employee, whereas part-time workers or contractors can do others.

   Determine employee vs contractor status

   Is the person you're thinking of hiring a US citizen or green card holder?

   Yes

   No

   Hiring the perfect patent attorney also involves considering the ideal background you'd like them to have. Depending on what industry or field they have experience in, they'll bring different skills to the job. It's also important to consider what levels of seniority and education the job requires and what kind of salary such a candidate would likely demand.

   This list presents patent attorney salaries for various positions.

   Type of Patent Attorney	Description	Hourly rate
   Patent Attorney	Lawyers advise and represent individuals, businesses, and government agencies on legal issues and disputes.	$23-73
   Housing Counselor	A Housing Counselor works directly with clients and organizations to support moderate and low-income clients in overcoming barriers to housing and financial stability. They represent the homeowner in interventions and/or mediation proceedings with the mortgage servicer, lender, and/or other stakeholders.	$20-69
   Lawyer	A lawyer is a legal practitioner who specializes in understanding and interpreting laws and other legal matters. Their responsibilities revolve around providing legal counseling and advice, representing clients in different kinds of court proceedings, conducting research, collecting evidence, and coordinating with various experts... Show more	$30-100

   Show more

2. Create an ideal candidate profile

   Common skills:

   • Electrical Engineering
   • USPTO
   • Law Firm
   • Litigation
   • Patent Prosecution
   • Intellectual Property Law
   • Patent Law
   • Patent Portfolio
   • Due Diligence
   • Business Development
   • License Agreements
   • Legal Research
   • Trade Secrets
   • PCT

   Check all skills

   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.
   • Represent individual and institutional clients in all aspects of commercial and residential real estate acquisition, financing and leasing and foreclosure.
   • Handle subpoenas, discovery requests, and occasionally legal research to provide counsel to senior attorneys regarding statutory and regulatory issues.

   More patent attorney duties

3. Make a budget

   Including a salary range in your patent attorney job description helps attract top candidates to the position. A patent attorney salary can be affected by several factors, such as geography, experience, seniority, certifications, and the prestige of the hiring company.

   For example, the average salary for a patent attorney in Montana may be lower than in Massachusetts, and an entry-level patent attorney usually earns less than a senior-level patent attorney. Additionally, a patent attorney with certifications may command a higher salary, and working for a well-known company or start-up may also impact an employee's pay.

   Average patent attorney salary

   $86,919yearly

   $41.79 hourly rate

   ---

   Entry-level patent attorney salary

   $49,000 yearly salary

   Updated January 20, 2026

   Average patent attorney salary by state

   Rank	State	Avg. salary	Hourly rate
   1	Massachusetts	$119,512	$57
   2	California	$118,611	$57
   3	District of Columbia	$112,127	$54
   4	New Jersey	$98,212	$47
   5	Virginia	$90,040	$43
   6	New York	$88,810	$43
   7	Washington	$83,007	$40
   8	Delaware	$81,816	$39
   9	Illinois	$80,318	$39
   10	Georgia	$75,574	$36
   11	Texas	$74,863	$36
   12	Florida	$73,224	$35
   13	Arizona	$72,001	$35
   14	Minnesota	$69,760	$34
   15	North Carolina	$64,669	$31
   16	Indiana	$53,305	$26

   Average patent attorney salary by company

   Company

   Rank	Company	Average salary	Hourly rate	Job openings
   1	Goodwin	$204,216	$98.18	9
   2	Perkins Coie	$201,388	$96.82	28
   3	Locke Lord	$183,026	$87.99
   4	Fish & Richardson	$177,748	$85.46
   5	Oliff PLC	$176,909	$85.05
   6	Lee & Hayes	$166,839	$80.21
   7	Brinks Gilson	$165,893	$79.76
   8	Loza & Loza	$165,375	$79.51
   9	Cantor Colburn	$164,584	$79.13
   10	Myers Bigel	$162,606	$78.18
   11	Westman, Champlin & Koehler, P.a.	$160,999	$77.40
   12	Banner & Witcoff	$143,875	$69.17
   13	Arent Fox	$143,766	$69.12
   14	Barnes & Thornburg	$135,406	$65.10	11
   15	Texas Instruments	$126,680	$60.90	11
   16	Universal Display	$113,493	$54.56
   17	The Chemours Company	$108,823	$52.32
   18	Hoffmann-LA Roche Inc	$107,633	$51.75
   19	Ladas & Parry	$105,413	$50.68
   20	Los Alamos National Laboratory	$102,392	$49.23

4. Writing a patent attorney job description

   A job description for a patent attorney role includes a summary of the job's main responsibilities, required skills, and preferred background experience. Including a salary range can also go a long way in attracting more candidates to apply, and showing the first name of the hiring manager can also make applicants more comfortable. As an example, here's a patent attorney job description:

   Patent attorney job description example

   COJK is seeking an associate-level patent attorney with at least three years of experience to join our firm's Life Sciences Patent Practice Group. Responsibilities include, but are not limited to, patent preparation and prosecution, patent licensing, and conducting due diligence. The position requires working closely with clients, inventors, and firm attorneys.
   
   Qualified candidates will demonstrate superior analytical, communication, and interpersonal skills, as well as an ability to develop and expand internal and external relationships. The candidate must excel in a team environment, as well be a motivated self-starter who works well under pressure, with the flexibility to thrive in a fast-paced environment. This is currently a remote position.
   
   Requirements include an advanced degree in organic chemistry, a J.D. from an accredited law school, a minimum of three years of experience in drafting and prosecuting chemistry patent applications, a license to practice law in at least one state, preferably Washington, and admittance to practice before the United States Patent and Trademark Office (USPTO).Candidates must have industry experience of at least two years in organic chemistry; patent experience in the pharmaceutical industry is a plus.
   Requirements
   
   Drafting patent applications and working with the USPTO to resolve patent examiner questions Drafting, review, and negotiation of patent licensing agreements Assisting clients with patent infringement issues Providing support to the litigation department Advising clients on the use and protection of patents Assisting clients with identifying the nature of their intellectual property Monitoring existing and proposed patents Attending meetings and conducting conference calls with clients and contacts in the United States and overseas Managing general inquiries on patent protection Filing domestic and international patent applications Managing patent renewals
   
   Education and Qualifications:
   Advanced degree in organic chemistry Attorney with J.D. degree from an accredited law school Licensed to practice in at least one state, preferably Washington Admitted to practice before the USPTO
   
   Benefits
   
   Medical/Dental/Vision/LTD/LTC
   
   401(k)

   Copy this example

   

5. Post your job

   To find the right patent attorney for your business, consider trying out a few different recruiting strategies:

   • Consider internal talent. One of the most important sources of talent for any company is its existing workforce.
   • Ask for referrals. Reach out to friends, family members, and current employees and ask if they know or have worked with patent attorneys they would recommend.
   • Recruit at local colleges. Attend job fairs at local colleges to recruit patent attorneys who meet your education requirements.
   • Social media platforms. LinkedIn, Facebook and Twitter now have more than 3.5 billion users, and you can use social media to reach potential job candidates.

   Post your job online:

   • Post your patent attorney job on Zippia to find and recruit patent attorney candidates who meet your exact specifications.
   • Use field-specific websites.
   • Post a job on free websites.

6. Interview candidates

   Recruiting patent attorneys requires you to bring your A-game to the interview process. The first interview should introduce the company and the role to the candidate as much as they present their background experience and reasons for applying for the job. During later interviews, you can go into more detail about the technical details of the job and ask behavioral questions to gauge how they'd fit into your current company culture.

   It's also good to ask about candidates' unique skills and talents to see if they match your ideal candidate profile. If you think a candidate is good enough for the next step, you can move on to the technical interview.

   The right interview questions can help you assess a candidate's hard skills, behavioral intelligence, and soft skills.

7. Send a job offer and onboard your new patent attorney

   Once you have selected a candidate for the patent attorney position, it is time to create an offer letter. In addition to salary, the offer letter should include details about benefits and perks that are available to the employee. Ensuring your offer is competitive is vital, as qualified candidates may be considering other job opportunities. The candidate may wish to negotiate the terms of the offer, and it is important to be open to discussion and reach a mutually beneficial agreement. After the offer has been accepted, it is a good idea to formalize the agreement with a contract.

   You should also follow up with applicants who don't get the job with an email letting them know that you've filled the position.

   To prepare for the new employee's start date, you can create an onboarding schedule and complete any necessary paperwork, such as employee action forms and onboarding documents like I-9 forms, benefits enrollment, and federal and state tax forms. Human Resources should also ensure that a new employee file is created.

8. Go through the hiring process checklist

   • Determine employee type (full-time, part-time, contractor, etc.)
   • Submit a job requisition form to the HR department
   • Define job responsibilities and requirements
   • Establish budget and timeline
   • Determine hiring decision makers for the role
   • Write job description
   • Post job on job boards, company website, etc.
   • Promote the job internally
   • Process applications through applicant tracking system
   • Review resumes and cover letters
   • Shortlist candidates for screening
   • Hold phone/virtual interview screening with first round of candidates
   • Conduct in-person interviews with top candidates from first round
   • Score candidates based on weighted criteria (e.g., experience, education, background, cultural fit, skill set, etc.)
   • Conduct background checks on top candidates
   • Check references of top candidates
   • Consult with HR and hiring decision makers on job offer specifics
   • Extend offer to top candidate(s)
   • Receive formal job offer acceptance and signed employment contract
   • Inform other candidates that the position has been filled
   • Set and communicate onboarding schedule to new hire(s)
   • Complete new hire paperwork (i9, benefits enrollment, tax forms, etc.)

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