The practice of patent law in most areas is strictly regulated. Every jurisdiction sets its own requirements that a person must satisfy to become a patent litigation attorney. Depending on the jurisdiction, you either need a special license that is awarded after demonstrated proficiency in the subject matter to become a patent litigation attorney, or you need a law degree and a general legal practitioner's license.
Patents are an area of intellectual property law that requires the person handling the matter to have significant knowledge and experience outside of the law. The basis of a patent on an invention involves comparing the design specification of the invention to existing products to ensure that any new patent issued is for a truly unique idea. This requires practical knowledge of scientific and technical disciplines, such as engineering, chemistry, physics and computer science. For this reason, many locations around the world have separated the patent process from other intellectual property procedures.
Representatives who wish to practice patent law are often required to have special credentials. In some areas, like the UK and Australia, to become a patent litigation attorney, you do not need a general law degree. Instead, these jurisdictions require you to have an appropriate bachelor's degree in a science or technology field and to take a concentrated training program in patent law. The training involves a series of tests, specifically on patent law, and on-the-job experience. Once you have completed the required patent law education and passed the tests, you are certified as a patent attorney.
The way you become a patent litigation attorney in the US, conversely, is to obtain authority to practice law generally, and then obtain special permission to submit patent applications, if necessary. First, you must obtain a law degree from an accredited law school. Once you have a law degree, you must take and pass the bar exam given by any state to obtain a license to practice law.
At this point in a jurisdiction modeled after the US, you can technically practice any type of law, including patent law. You are a patent litigation attorney and can represent clients who have infringement disputes concerning established patents. Of course, the legal licensing system assumes you will spend time learning the practicalities of patent law practice from an established attorney before you pick up your own clients.
A patent litigation attorney in the US cannot submit patent applications to the government, however, without taking the additional step of passing the patent bar exam. The exam tests your knowledge of patent law and regulations. If you pass the exam, you are qualified not only to litigate rights under established patents but to also submit patent applications to the patent office, known as prosecuting a patent.
