Improving the Patent System for the 21st Century: Optimizing the Requirements to be a Member of the Patent Bar

摘要

As the importance of protecting technology has increased in the past several years, there has been an increase in the demand for patent attorneys and agents. The patent bar operates to limit the number of people that are available to satisfy this demand. Although the patent office has recently updated their procedural requirements for taking the patent bar, the substantive requirements have received little attention to date. This paper analyzes the current requirements in light of their purpose and effect, as well as the international requirements to join the patent bar of other countries. It concludes that the current patent bar requirements are not optimal, particularly in light of the recently broadened areas of patentability (business method patents and software). Finally, this paper offers suggestions for altering and improving these qualifications that will allow a larger number of individuals to be eligible for the bar, while maintaining the necessary competence and quality of patent bar members. Suggested alternatives include replacing the scientific education requirement with an apprenticeship period, and allowing class credit to substitute for taking parts of the patent bar exam.