Each country has a different procedure for licensing patent attorneys. To become a software patent attorney, you will likely need an educational background in computer science or a related field. You must also satisfy the experiential and educational requirements for patent attorney licensing in your jurisdiction. It is often beneficial to spend some time working under the guidance of an experienced firm or attorney that specializes in software patents after you have obtained your license.
Patent law is highly specialized, and attorneys practicing in this area need expertise in fields that fall outside of the law. A patent attorney must be able to understand the technical and scientific underpinnings of the inventions that his clients are trying to patent. Rather than practicing patent law generally, a patent attorney typically specializes in a particular type of patent that is compatible with his background in a particular scientific or technical field.
The way you become a software patent attorney depends on the jurisdiction in which you will practice. One common denominator is the need for a college degree in a major that deals with the development of software, such as computer science or software engineering. There is no exclusionary requirement that will prevent you from trying to become a software patent attorney without this type of background, but you will find it very difficult to get hired by a law firm under this specialty without it.
In jurisdictions that educate attorneys under a system comparable to the US, to become a software patent attorney you must go to law school and obtain a Juris Doctor (JD) degree. The course of study in a traditional law school in the US takes three years. Once you have been awarded a degree, you must take a standardized exam that tests general legal knowledge in one of the states and successfully gain admittance to the state bar.
An attorney in the US who has been admitted to the bar in one state can practice any sort of law, including patent law. Typically, you would look for a job with a firm that has a software patent practice. During the first few years of your career, you would learn the particularities of practicing in this area under the guidance of senior attorneys at the firm. Your general legal credentials allow you to represent clients regarding software patents and defend your clients' interests in court. If you want to prosecute patent applications, however, you will have to take the patent bar exam.
To become a software patent attorney in jurisdictions that follow a UK Model of educating attorneys, you do not have to go to law school. The UK has developed a special processes for licensing patent attorneys that relies on a structured course of study, a number of hours with a firm as a patent intern and standardized tests. The way you become a software patent attorney in this system is by doing your internship at a firm that specializes in software patents.
