Re: An IP gripe

On Wed, 18 Aug 1999, Carl Oppedahl <carl[_at_]oppedahl.com> wrote:
>
> For one point of view on this subject, see "What are the job prospects,
> in the non-patent areas of IP law, for lawyers who do not have technical
> backgrounds?" at <http://www.patents.com/opportun.sht#nt>.
>

Warning: mset diatribe ON

Carl is right on his website that it is significantly easier for techies than non-techies to find IP jobs. But I think this is largely because of a foolish bias on the part of IP firms. True, if you want patent prosecutors, you'd better hire people with a technical degree. But for anything else -- including patent litigation -- you are better off with either a mix of people, or with non-techies.

The ideal IP attorney has a Ph.D. in a science field, *and* is a great writer and speaker *and* has natural poise. In the real world, though, there are far too many people who make it through college in a science field who can't write a sentence in English to save their lives. They are not the ones you want explaining your patent case to a jury composed of retired postal workers. If I had to choose between a lawyer who knew the science cold and a lawyer who could write, I'd take the latter.

mset diatribe OFF

Having said all this, I should note two things: (1) I am a former patent litigator without a technical background, so my bias should be obvious; and (2) whatever I think the world *should* look like, Carl pretty accurately describes the way it *is*.

Mark Lemley
<mlemley[_at_]mail.law.utexas.edu> Received on Thu Aug 19 1999 - 15:38:30 GMT