Re-Thinking Patent Bar Admission: Which Bag of Tools Rules?

March 2, 2005 Published Work
Journal of the Patent & Trademark Office Society, February 2005, Volume 87, No. 2, pages 113 - 140

The need to periodically review, and update, the requirements for admission to the patent bar is readily apparent, particularly in this time of rapid technological change and case law evolution that effectively widens the swath of patentable subject matter. Accordingly, the time is now ripe for the United States Patent Office (herein "PTO" or "Patent Office") to consider expanding the permissible areas of expertise that will qualify an applicant to sit for the Patent Bar Examination. Hand-in-hand with such possible expansion is the need to consider whether new eligibility requirements should be delineated to help insure that candidates seeking admission to the patent bar as well-prepared to competently begin their career of practice before the Patent Office during this era of increasingly complex technology developments.