Patent Practitioner Preparation at KU

Explore Patent Law

The United States Constitution makes it clear: those who invent new products or lead scientific breakthroughs deserve to protect their ideas. Patent law, one of the few legal areas mentioned in the Constitution, is a rewarding career path for students interested in science, design, and law.

Within patent law, most professionals do two types of work: patent prosecution and patent litigation. Patent prosecution involves representing clients before the United States Patent and Trademark Office (USPTO). You are often representing an inventor or business and helping them secure a patent. You must be a patent practitioner and meet additional requirements to do this. However, patent litigation involves enforcing or protecting your client's patent rights, usually in court. This path typically only requires you to complete law school and pass the bar exam. A STEM degree is helpful but is not required.

Pre-law students exploring both patent prosecution and litigation are encouraged to work toward becoming a patent practitioner. These licensed professionals help businesses, researchers, and inventors protect their ideas. While most legal fields welcome any undergraduate degree, a STEM or fine arts background can be particularly valuable for patent law. Patent practitioners include:

• Patent agents: Professionals who represent clients before the USPTO but are not attorneys.
• Patent attorneys: Licensed lawyers who can represent clients in court and before the USPTO doing patent prosecution.
• Design patent practitioners: Attorneys or design experts who focus on design patent matters before the USPTO.

If you’re a KU student, your degree might meet the scientific and technical qualifications to become a patent practitioner. These qualifications make sure patent practitioners have the technical expertise to understand complex inventions and communicate with scientists and engineers.

Unlike most legal careers, you don’t need to attend law school to start in this field. Patent agents focus only on patent prosecution but are limited in the "legal work" they can do. Patent agents cannot represent clients in state or other federal courts or provide legal advice outside patent law or about patent litigation. Earning a juris doctor (JD) degree allows you to represent clients more broadly and opens doors to additional career opportunities. Carefully consider your options when choosing a major.

Patent law offers a unique way to combine your interests and make an impact. Patent and intellectual property law includes many different career paths. Pre-law students can explore their career options by meeting with the University Career Center and different legal education programs with Jayhawk Pre-Law Advising.

Prepare for Patent Law Careers

To practice before the USPTO, you must apply for registration, pay the required fees, and pass an examination. This exam is sometimes called the "patent bar." The USPTO will also ask questions about your character and personal conduct. Just like law school character and fitness questions, these are an important part of the legal profession. However, before all this, you must also have the necessary scientific and technical qualifications. Usually, this means having a natural or physical science, engineering, or fine arts degree.

When you apply to the USPTO, you’ll answer questions about your personal history. These questions focus on your criminal record (including arrests), school misconduct, workplace disciplinary actions, and financial history, such as any delinquent debt. Honesty is important. Sharing inaccurate or incomplete responses can impact your application. Ethical and honest behavior is important for this step and the rest of your legal career. Later, if you pass the USPTO registration exam, your name will be publicly published. The USPTO does this before making a final decision to ask the public for information about the applicant's character and reputation.

Once you've submitted your application and paid all required fees, the USPTO will contact you. They will let you know if your application is approved, incomplete, or denied. If approved, you'll instructions received for the registration examination. The exam includes 100 multiple-choice questions split into two three-hour sessions. The exam will test your knowledge of patent law, filing procedures, ethical responsibilities, and ability to analyze legal scenarios.

Before all this, you must work to show your scientific and technical qualifications. These ensure that patent practitioners have the technical knowledge to support the work they will be researching and reviewing. The USPTO has four qualification categories, and KU students typically meet the requirements under Category A, B, or D:

• Category A: For students with specific degrees in STEM fields. This is often preferred by future employers.
• Category B: For students who complete certain STEM coursework.
• Category D: For those pursuing design patent work, often with a fine art or design-related degree.
• Category C: For individuals with extensive technical experience who pass the Fundamentals of Engineering (FE) exam. This pathway is not common for current students.

The USPTO will meet with individuals interested in enrolling or registering as a patent practitioner. Most KU students qualify under Categories A, B, or D, depending on their degree and career goals. Jayhawk Pre-law Advising can help you explore which category fits you best and how to plan your academic journey to meet USPTO requirements. However, students are ultimately responsible for contacting the USPTO to ensure they are meeting application requirements.

Apply to be a Patent Practitioner

Students interested in registering as a patent practitioner may be eligible to complete all requirements before attending law school. The USPTO allows individuals with the necessary qualifications to register as patent agents. A patent agent can help clients with patent matters but cannot represent them in other legal proceedings.

The first step to becoming a patent attorney is completing the scientific and technical qualifications described above and applying to law school. Jayhawk Pre-law Advising supports KU students in exploring, preparing for, and applying to law school. Our office provides tailored resources and guidance to help you navigate the process, especially if you're interested in pursuing a career in patent law.

We recommend that pre-law students begin exploring this pathway early on if this interests them. Depending on your career goals, there may be special factors to consider. For example, George Washington University Law School allows students to use their "patent bar" score instead of taking the LSAT. Jayhawk Pre-Law Advising can you help explore your interests in patent law and your path forward.

Consumer Disclosure: Pursuant to 34 CFR § 668.43, the information above does not represent an educational or training program. Completing any coursework, degree program, or other academic offering described above does not guarantee admission as a patent practitioner with the United States Patent and Trademark Office (USPTO). Current and prospective students are responsible for understanding the specific requirements for licensure in the profession and jurisdiction where they intend to practice.