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Microsoft Researching Patent Law with New Experts

Posted by Zonk on from the who-needs-experience? dept.

wikinerd writes "According to The Register, Microsoft seeks to hire new patent experts. In their words, patent experience itself "is helpful but not mandatory" and advance knowledge of patent law is not required. The applicants need only be Computer Science or Electrical Engineering PhD holders, without any qualification in law. They will be involved in prior art search, patentability research and technical analysis. The article outlines some of the most controversial MS patents, such as online bill payment."

2 of 139 comments (clear)

  1. Re:IP law is very different by angle_slam · · Score: 3, Informative
    Well, you shouldn't use the generic term "IP". IP encompasses many different areas of law, including patents, trademarks, and copyrights.

    There is a separate exam to become admitted to the Patent Bar. You can get more information at the PTO website. You do NOT have to be a lawyer to take the Patent Bar Exam. If you pass it and are not a lawyer, you are called a "patent agent." If you pass the patent bar and are a lawyer (admitted to practice law in any state or D.C.), then you are called a "patent lawyer." In order to take the patent bar exam, you must have a technical degree (engineering, science, etc.) Detailed info is linked to above.

    To file a patent, unless you are the inventor, you have to be admitted to the patent bar (patent agent or patent lawyer).

    There are no such restrictions on copyrights or trademarks. However, you need to be an attorney to file trademarks on behalf of another. (I don't know about copyrights).

    For litigation purposes (suing other people for patent infringement), you have to be a lawyer, but you do not have to be admitted to the patent bar. You only need to be a patent lawyer to prosecute (obtain) patents.

  2. Oh boy. by LawGeek · · Score: 3, Informative

    I can't believe this post has been up for a day and not a single person has actually checked in with the following info:

    Law firms and companies with patent lawyers routinely hire non-lawyer technical experts to help them with patent work. In law firms, these people are typically called "technology specialists" or something similar. Often these people simultaneously go to law school, with the idea being that they will eventually turn into lawyers.

    Additionally, there are many people out there who are called "patent clerks." What this means is that they have studied for and passed the US Patent and Trademark Office's (USPTO) examination. Once you have passed this exam, you are qualified to help people obtain patents, regardless of whether you have a law degree. Now, you obviously can't practice law, so you're quite limited if your only a patent clerk and not a patent lawyer, but you can still be quite helpful to someone who just wants to obtain a patent or two.

    Bottom line: law firms and legal departments routinely hire tech/science people to help them with their patent work. I honestly can't believe this made it into a story. Next week there will be a post about Microsoft hiring SECRETARIES. I mean, they're a software company!! They're supposed to be writing software and they're out hiring secretaries!?!?