You'll first need to complete a science, engineering, or technical degree (usually 4 years), followed by law school to earn a Juris Doctor (JD) degree (about 3 years). After that, you must pass the state bar exam and the USPTO registration exam (also known as the patent bar).
Applicant is advised to secure the services of a registered patent attorney or agent to prosecute the application, since the value of a patent is largely dependent upon skilled preparation and prosecution. The Office cannot aid in selecting an attorney or agent.
You'll first need to complete a science, engineering, or technical degree (usually 4 years), followed by law school to earn a Juris Doctor (JD) degree (about 3 years). After that, you must pass the state bar exam and the USPTO registration exam (also known as the patent bar).
Getting a patent can take two or three years after you file your application. This process, which is known as patent prosecution, may become longer and more complicated if your patent faces opposition, or if the U.S. Patent and Trademark Office (USPTO) asks for more information.
To get a patent, technical information about the invention must be disclosed to the public in a patent application. That is where a patent agent or attorney comes in. You can have a patent law career with or without a law degree (J.D.)!
Patent prosecution is the interaction between applicants and a patent office with regard to a patent application or a patent. The prosecution process is broadly divided into two phases: pre-grant and post-grant prosecution.
You don't need a law degree to become a patent practitioner. If you've passed the Patent Bar exam without a law degree then you will become a registered Patent Agent.
This means an infringement case cannot get filed in any court after that time. Patent litigation proceeds like any other federal case. However, there are complex legal issues. Questions surrounding patent validity and infringement get decided in court.
In the patent world, the term “prosecution” refers to the entire patent process, from the drafting of the patent application until it is allowed and issued, or finally rejected, by the USPTO. You may hear someone refer to the fact he/she is “prosecuting a patent before the USPTO.”