CAREER FOCUS
A Career Beyond Engineering
Patent law is a promising field for those MEs looking for a second career that harnesses their engineering training.
Written by Robin L. Flanigan
INTERESTED IN A CAREER CHANGE? It’s not unusual for someone with a mechanical engineering background to become a patent lawyer. In fact, 15 percent of patent attorneys hold a doctorate in a science or engineering discipline.
Even without an advanced degree, mechanical engineering skills come into play when working with patents.
Complexity of patent law
“Like the underlying technology, patents are becoming more complex due to the advancement of technology and volume of existing patents,” explained Robert Endrizzi, an electrical engineer and patent attorney with Kirkland & Ellis LLP in New York City. “To understand and translate the ideas of inventors to legal claims, patent attorneys—like the inventors they represent—must have a sound understanding of the science and state of the art.”
As with ME jobs, being a patent attorney—whether focused on litigation or prosecution—requires a keen attention for detail, being able to think outside the box, having a problem-solving mindset, and the ability to challenge the status quo.
“You understand how designs are developed and [with previous experience] how different resources within a company collaborate, which can be helpful for client interviews and knowing what to look for when developing or litigating patents,” Endrizzi said.
Mechanical engineers also can draft more precise—and successful—patent applications. They understand how mechanical devices work from a technical perspective and often have some knowledge of what’s already available in the marketplace, pointed out Michael N. Vranjes, a mechanical engineer and patent attorney with Harter Secrest & Emery LLP in Buffalo, New York.
Vranjes believes that in many respects, patent attorneys have to understand inventions even better than the inventors.
“The inventor may see the invention as one thing, but as a patent attorney, I not only have to protect that exact invention, I have to figure out how the inventor’s competitors are going to try to design around any eventual patent,” he explained. What an engineering degree does, along with relevant engineering work experience, is it allows “a patent attorney to understand the invention very quickly and thoroughly, which may result in an expedited process and stronger patent,” Vranjes said.
“The inventor may see the invention as one thing, but as a patent attorney, I not only have to protect that exact invention, I have to figure out how the inventor’s competitors are going to try to design around any eventual patent.”
—Michael N. Vranjes, a mechanical engineer and patent attorney with Harter Secrest & Emery LLP in Buffalo, New York.
A new career path is never easy
Becoming a patent attorney is an investment of time and money. In addition to three years of full-time study, there’s a patent bar exam to pass—one that may need to be taken more than once. According to statistics from the United States Patent and Trademark Office, passing rates tend to hover around 47 percent.
That bar exam is required for patent agents as well. A patent agent can prosecute patents but is unable to provide legal opinions or represent clients in court. While a patent agent’s salary is not as lucrative as a patent attorney’s, this line of work may be an option for those interested in patent law but uninterested or unable to commit to the demands of law school. (It also typically tops the average salary for mechanical engineers by roughly $30,000.)
To help decide whether to switch to either patent-related career path, Vranjes suggested spending one day a week at a patent firm as a legal intern “to get your feet wet and get a taste for what it’s about.”
Endrizzi added that such opportunities can help when it comes to eventually landing a patent-related job. “Folks with an engineering background have a huge leg up, and if you have some work experience on top of that, it can really set you apart,” he said.
However, Vranjes offers a word of caution. “Just because you passed the patent bar exam or a state bar exam doesn’t mean you know what you’re doing. While you certainly gain knowledge preparing for these exams, they are both largely a rite of passage that gives you the ability to practice,” he said. “Like many other professions, it takes two to three years of practice—and actually doing the work—in order to get comfortable and start making decisions that are going to benefit the client the best. So be patient.”
While patience is important, making the jump to another career is no small feat.
Endrizzi recommends doing due diligence. If interested in becoming a patent agent, for example, talk to someone currently in that position. If interested in becoming a patent attorney, search for schools in your area for an intellectual property clinic, where students can get some practice under the supervision of an attorney.
When at the University of Connecticut School of Law, Endrizzi worked at a clinic learning how to file and prosecute patents. Aside from the practical experience, he found it “hugely valuable to confirm that I liked the work.”
While switching from engineering to patent law is a big commitment in time and expense, patent law can be an enjoyable, rewarding career for those well-suited for it, Endrizzi added.
“It’s always an exciting time to be a patent attorney,” Vranjes said. “It’s challenging and you see new technology every day.”
Robin L. Flanigan is an independent writer in Rochester, N.Y.
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