A common question confronting students interested in the intellectual property law field is whether one needs to take the patent bar exam in order to be an intellectual property lawyer.
The answer turns on the definition of intellectual property lawyer. Intellectual property includes patents, copyrights, trademarks, and related matters. It includes prosecution (securing protection), litigation, and the rendering of advice. One definition of an intellectual property lawyer is "anyone who does any of these things". By that definition, one need not take the patent bar exam to be an intellectual property lawyer. Simplified, the patent bar exam is only necessary if you want to be able to represent inventors before the U.S. Patent Office. If one plans only to do trademark or copyright work, or only to do patent litigation (and not prosecution), the patent bar exam is not required.
On the other hand, a student who wants to be able to handle all types of intellectual property law cases, including patent prosecutions, will want to take the patent bar exam. Note that a student does not have to be a licensed attorney at the time of the exam, and in fact, some professionals think that it is wise for a student interested in practicing patent law to take the exam long before graduating from law school.
To be eligible to take the patent bar exam, one must have earned a bachelor’s degree in any one of the following areas of study:
Aeronautical Engineering
Aeronautical Engineering
Agricultural Engineering
Agricultural Engineering
Biochemistry
Biochemistry
Biology
Biology
Biomedical Engineering
Biomedical Engineering
Botany
Botany
Ceramic Engineering
Ceramic Engineering
Chemical Engineering
Chemical Engineering
Civil Engineering
Civil Engineering
Computer Engineering
Computer Engineering
Computer Science
Computer Science
Electrical Engineering
Electrical Engineering
Electrochemical Engineering
Electrochemical Engineering
Electronics Technology
Electronics Technology
Engineering Physics
Engineering Physics
Food Technology
Food Technology
General Chemistry
General Chemistry
General Engineering
General Engineering
Geological Engineering
Geological Engineering
Industrial Engineering
Industrial Engineering
Marine Technology
Marine Technology
Mechanical Engineering
Mechanical Engineering
Metallurgical Engineering
Metallurgical Engineering
Microbiology
Microbiology
Mining Engineering
Mining Engineering
Molecular Biology
Molecular Biology
Nuclear Engineering
Nuclear Engineering
Organic Chemistry
Organic Chemistry
Petroleum Engineering
Petroleum Engineering
Pharmacology
Pharmacology
Physics
Physics
Textile Technology
Textile Technology
Or have the following:
- 24 credits in Physics;
- 8 credits in Chemistry or Physics, plus 24 credits in Biology;
- 30 credits in Chemistry;
- 8 credits in Chemistry or Physics, plus 32 credits in Science; or
- practical engineering experience, plus passing the Fundamentals of Engineering Test administered by the applicant’s State Board of Engineering Examiners
More detailed information about the exam (locations, format, cost, duration, annual deadlines, etc.,) can be found at a United States Patent and Trademark Office