GET IP and biz-development EXPERIENCE
Seeking a law student or other 1099-worker looking to gain IP experience e.g. patents/trademarks
Candidates should be interested in going into patent/trademark law, with copyright a distant third. The position is work-from-home, work from anywhere, 1099-contract basis only, no benefits.
One thing not taught in law school: finding new clients. Yet business-development is the most important skill an attorney can have.
BUSINESS DEVELOPMENT IS THE SINGLE MOST IMPORTANT SKILL AN ATTORNEY CAN HAVE (and they don't teach it any Any Law School Anywhere)
The reason your law professors likely became law professors, rather than working, functional attorneys, is because they stunk at the aspect of finding and keeping clients. They may have worked for big prestigious law firms at first, but then were likely "let go".
At this law firm, our biggest goal is to "grow the pie" for everyone. If you work with this law firm (you should never work "for" anyone but yourself), the point is to get you profitable, get you understanding how to find clients, how to learn pricing, and how to "read" clients (who often do not know what they want or need).
We need someone to work on finding new patent/trademark clients. First for this law firm, and second for yourself!
You may not realize it yet, but many many newly-graduated attorneys, especially those that did not to go Harvard, Stanford, or Yale, are likely not going to work for a law firm, but instead will be forced to start their own practice (e.g. if for no other reason, just to pay back the student loans). Or work construction, work at StarBucks, just to pay the bills (especially the student loan debt, which as you know is non-dischargeable in bankruptcy).
Even if you are not interested in working with my law firm, if you are a seeking a career in Intellectual Property, including any of patents, trademarks, and/or copyrights (listed in order of which pays the best), we still want to hear from you. Give you advice/suggestions, take a look at your approach strategy, tell you what patents and trademarks counsel and law firms typically need the most, what they look for in candidates, how to best position yourself, etc.
Heck, why not make friends? One day we may be competing with each other for clients, or need a favor from each other.
Yet, even during these tough times of 2020, this law firm has enough business that we are doing a limited amount of hiring, part-time working remotely.
We are seeking persons, especially but not limited to law students, who are interested in pursuing a career in patent\trademark law. For more information click here.
ADVANTAGES OF THIS EMPLOYMENT ARRANGEMENT
This is a terrible job market right now. For people looking for a better job, in the legal industry or outside of it, this position would be a springboard, a way of learning the technical aspects of patents and trademarks, including the ton of different grunt-tasks and grunt-work that are a necessary part of patents and trademarks, and getting professional credentials.
One advantage is that for anyone that has done some trademarks, their work-product will be available on-line and they can say "I participated in the filing of that trademark, I found that client" which is important criteria for later job interviews and credentials. No one will need to contact this law firm to affirm the person's task or skill, it will be right out there in public for anyone to look at.
For patents, this is more difficult. First, many Provisional patent applications never get converted to Utility, so they are never published. Thus, a person have worked very hard and made good advancements on a patent application, there may be no easy to way take credit for it. One way around this would be to create a redacted version that shows one's skill, yet avoids revealing privileged or confidential information.
OUR 1099-WORKER REQUIREMENTS
strong Excel skills;
ability to edit video files (e.g. invention disclosures obtained by video);
reasonably high reading comprehension, including extremely dull and dry topics;
solid/strong skill with Microsoft Word, all versions including new versions that have not come out yet;
some skill with PDF files, converting Word files into PDF, and the reverse;
a separate EIN number (not SS#);
all payments will be accompanied by a 1099 and be "on-the books" and will be declared to the IRS;
before you get here, being familiar with TEAS (Trademark Electronic Application Service);
before you get here, being familiar with EFS (US patent office Electronic Filing Service);
Both EFS and TEAS are software government filing interfaces that any one, any person, can learn for themselves, and train themselves. It is preferable that a person already be familiar with EFS and TEAS before contacting this law firm. There are many ways to learn both TEAS and EFS, below are just two of many. Pick any way you want;
Example video for learning\using EFS;
Example video for learning\using TEAS;
a willingness to write up and file (using patent EFS) at least one invention disclosure that comes directly from You (important training exercise, plus important for seeing and encountering the same difficulties our clients have, that is "I don't know exactly what information is needed in a patent application"). It is much easier to counsel someone around this obstacle once you have been through it yourself;
No need to file anything, we can get you through all the stages up the very last point where you are ready to hit "submit" and then stop, although its better if you are willing to file. But we need this in order to see who are the candidates that are serious, and want to learn this industry.
a willingness to write up and file (using trademark TEAS) at least one brand-identify that comes directly from You (important training exercise, plus important for seeing and encountering the same difficulties our clients have, that is "I don't know exactly what information is needed in a trademark application"). It is much easier to counsel someone around this obstacle once you have been through it yourself;
Again, no need to file anything, we can get you through all the stages up the very last point where you are ready to hit "submit" and then stop, although its better if you are willing to file. But we need this in order to see who are the candidates that are serious, and want to learn this industry.
Work mainly from a desktop computer and not a handheld mobile device, and be willing fully and completely read all instructions and e-mails. As you can guess, this has been a real problem with past 1099-workers.
FLEXIBLE HOURS AND WORK-ARRANGMENTS (what are you GOOD at)
This law firm has a lot of different tasks, and different requirements. Clients trust us with a wide variety of issues. The 1099-workers we hire, we try to find tasks they seem to have an affinity for, and are good at, and then we focus around that, give more of that kind of work (if available). But the vast majority of our tasks can be described as "Intellectual Property Grunt Work", and are tedious. Dull. Still, that's where the $money is, so any 1099-worker should steer themselves in that same direction. We need every 1099-worker we have to be aware of the "Willie Sutton" approach. Everything they do should be driven toward $revenue, both for this law firm and for themselves. One will not occur without the other.
RATIONALE
Patents and trademarks are a complex industry, with a lot of legal implications and significance. There is no way to "shorten" the processes, or utilize KISS principles. Some types of concepts cannot be "kept simple". For example, this law firm does a lot of patent disclosures in complex semiconductor physics, as well as other complex areas e.g. cryptocurrency, financial instruments including derivatives, and complex accounting and banking. While our 1099-workers may not be involved in this side of the business, they still should realize that mobile devices are great for digesting quick-short nuggets of information, and video; mobile devices are not good for digesting longer-form documents and complex technical disclosures.
Need a separate, non-personal e-mail address that can be kept secure, and can send/receive attorney-client privileged information with minimal risk of breach, this e-mail address should not be enabled on any Mobile Device, but instead desktop-only. Anyone with a Yahoo.com e-mail address, or hotmail.com, will not be considered;
Ability/willingness to go find clients yourself, without expecting anyone to pay merely you to look for clients. In searching for clients, use of a handheld mobile device can be perfect, instantly responsive, and a blessing and great help. The social aspects of trolling for clients lend themselves excellently to mobile communication;
PREFERENCES
have one's own YouTube channel, including responding to comments;
have an ability to perform youTube searches on technical features yet block certain channels from showing up in the search results (advanced YouTube searching);
decent phone presence, including coordinating 3 way calls (the 1099-employees will sometimes be participating in Interviews with patent and trademark Examiners);
be aware, bring in a third party into a phone call is not that easy, there are los of ways for this to go wrong, just saying "my phone has this feature" is not good enough, we need someone that can say "I have done this and can consistently repeated it without dropping calls" (which is not the same as "my phone has this feature")
familiarity with (and potential membership on) GitHub.com;
familiar with PACER.gov interface, plus its apparent follow-on AACER;
familiar with SIC codes and NAICS codes;
clients can be unpleasant, and make time-sensitive demands that are unreasonable. Law practice is well-known for one problem that sudden issues can come up and disrupt a person's non-work-life. This happens and there is no easy way to avoid this, any 1099-worker has to be aware this could happen, especially if that 1099-worker is who found the client in the first place. No choice, we need people who can tolerate this, no choice;
Need a separate, non-personal e-mail address that can be kept secure, and can send/receive attorney-client privileged information with minimal risk of breach, e-mail address must be non-Yahoo.com and non-Hotmail.com;
Need familiarity with applying passwords to specific files e.g. docX files created in MicroSoft Word. This is usually where most attorney-client privileged info is contained.
INTELLECTUAL PROPERTY CURIOUS (but don't want to be a 1099-worker)
Even if you don't want to work with us, let us know your questions on how Intellectual Property works, and how to enhance your employer-facing presence so as to be more palatable to a potential employer. We know a lot about what law firms, lawyers, and companies with IP departments need. We also know these skills can be difficult to find.
Again though, even if you don't like or want this work arrangement, but want IP experience, ask us questions and let us know your thoughts. You can contact us here, and we will give a personalized response. These are tough times, and often, even super-bright people need advice and guidance.
We are busy, but we have time for dialogue. In fact, dialogue is important, and if we don't properly keep our feet on the ground and follow the changes and trends in our industry, we will soon find ourselves out of work.
CAUTION
Do not contact us if you are working because you need the money really bad. It has to be much more because you want to work in this field. The $money may flow hot and heavy at times, or it may flow sporadically.
We really want 1099-workers who might be between jobs and trying to enhance their skills and eventually move on, once their circumstances change. That is one of our hiring criteria. Someone can work with us, be effective, and yet still be looking for another more traditional job. That is OK.
EMPLOYMENT MODEL
Ideally, you the 1099-worker would find someone that has an interest in filing for patent or trademark. You would do a lot of the negotiations, get the client to trust you, start the application process (difficult but you need to know how to do this), and bring the at least partially-finished task to me. We would likely file this through this law firm and under our liability insurance. That means we have to charge something. But you would be involved in the process, and see the process.
You would walk away with three things:
1) some money, not sure how much;
2) a finished work-product that can be used as an example of your skill in this industry;
3) ability to grasp how to find and retain clients, and what to say to them. Too many attorneys never develop this, always expect someone else to provide them with work, and end up working at Starbucks or Target. And yes, there are experienced patent and trademark attorneys now working at both StarBucks and Target, and wondering how they got there.
As part of doing that, as tasks come in, you the 1099 employee may be involved in completing those tasks, thereby acquiring skill and experience. This is a temporary position in which Applicants can build real-world skills and learn the profession, perhaps moving full-time into another law firm if desired. This position should be viewed as temporary, not an ending point.
The position is for candidates who want to learn the profession, but may have limited time or availability. Or, persons already having a full-time job but wants side-gig experience. IOW, a person who wants to get into Intellectual Property field, perhaps through the side-door rather than the front door.
HIRING CRITERIA
A big factor in who we hire for 1099-work is whether those people are ready to come to the battle fully-armed, and ready to immerse themselves in extremely dull subject matter.
Below is a section we created about the best patent\trademark school on earth. We recommend you be aware of the advantages of this type of school.
Further helpful skills would be understanding of Instagram, contacting businesses doing product development in key specific areas (cold-contact, but not using Spam), and/or strategic use of LinkedIn for making (authentic) contacts. Other helpful skills would include an understanding of patent and trademark docketing. Use of Excel is essential.
These are all necessary to compete for business in an over-saturated legal market in which there are way too many attorneys, including way too many patent and trademark attorneys. Remember, that barista at Starbucks may be a patent attorney. He may be surly and unpleasant, because he doesn't like his job, and wants to get back to being a patent attorney. But he never developed the client-relationship skills to get his own business.
Having an interest or previous experience in software development, semiconductors, medical devices and medical back-office software, natural gas fracking, cryptocurrency, nuclear power especially thorium reactors, hemp/agribusiness, and trade show experience could also be helpful.
PHILOSOPHY
The tasks will be flexible and based on what the candidate is best at, and is most interested in. However, the overall driving force will always be business development, bringing new clients to this law firm. That has to be first. The intricacies of patent law and trademark law will come up naturally, so that your IP proficiency will improve as a result, but first and foremost must be business development.
Countries of biz-development include but are not limited to China, Mexico, members of the Euro-Community, among many others. As such, language skill or contacts in a specific country could be helpful.
HIRING CRITERIA (repeating this section because people skip around)
A big factor in who we hire for 1099-work is whether those people are ready to come to the battle fully-armed, and ready to immerse themselves in extremely dull subject matter.
Below is a section we created about the best patent\trademark school on earth. We recommend you be aware of the advantages of this type of school.
Click on this image to Contact Us for more information.
ANOTHER APPROACH
IP Intermediary (professional position)
YOUR INTELLECTUAL PROPERTY MANIFESTO (an imaginary letter, or imaginary description of Services)
Hi, my name is XX, and I am involved in Intellectual Property. I am not an IP attorney, and I do not claim to be one. Instead, I have provable “boots on the ground” IP experience in variety of areas, including both patents and trademarks. Further, I know the patent disclosure process, and can provide a type of “attorney pre-prep” suggestions that help reduce legal costs, and also put more of the creation-aspects directly into the hands of the inventors and business owners.
My business model is that I make suggestions (not legal advice) about the patent and trademark processes to inventors, small companies, and startups. I first give inventors and founders a rough idea of what IP they may possess, and how to characterize it in the best way that is the most likely to be considered a valued asset by either an investor or (later) the US Patent\Trademark Offices. These are non-binding suggestions only, just giving people a rough idea of where they stand. Second, I then show them, in the background, how the self-filing process works for either a patent or a trademark. A specific fact that is not known or not well-publicized is the difficulty of people of color, and/or people from disadvantaged backgrounds, to learn about IP protection. Even today in 2022 and beyond, many bright people with skill in advanced technologies, still do not understand how the US Federal Law and Patent Office have put valuable IP-filing tools directly in the hands of inventors, with no attorney-as-intermediary required.
This is roughly comparable to the fact that CVS now sells viable, reliable blood pressure devices that can obtain reasonably accurate blood pressure readings, for under $22. In 1975, even 1985, such a device would have cost $500, and almost no one owned one at their home. Similarly, in 1975, and even 1985, no inventor could have filed their own patent application, everyone used an attorney, typically $8000 or thereabouts. The US Patent and Trademark systems have undergone a similar revolution to blood pressure machines, facilitating inventors and small-biz doing their own IP filings. However, for some odd reason, almost nobody knows this.
My XX-biz model is merely to make people from disadvantaged backgrounds aware of this clear verifiable fact. Like a blood pressure machine for $22, some types of patent applications can be filed for as little as $75. Again, putting this situation in the form of a joke: “how is a blood pressure machine like a patent application?” In 2022 and later, “anyone can afford either one!”
My business model is that I stay in the background. I do no Federal Filings. I do not practice law. Instead, I roam the halls of incubators and Accelerators in my region, attend trade shows, go to places where I know there are innovators present, innovation is occurring, and actual commerce building out of actual businesses, in whatever fields. I stay away from hobbyist inventors who like to chuckle around but never actually build anything and never actually sell anything.
For those inventors and incubator-members who are interested in IP, have questions, I meet with them for e.g. 30 minutes. Lets say for $80 / 30min burst. At this time, they show me their invention, whether a Mobile App, a new CryptoCoin, a new Brand for a business, a new Textbook, shampoo, or some other innovation or advancement. I then toss out various IP strategies, merely as ideas, suggest what might be a good idea to mark with TM, and suggest where they (not John) do a full-blown Application for Federal TM Registration. I may also suggest ways to document their products or goods in a way that lends itself well to an effective patent disclosure.
The interested parties should expect to pay me for this service, as I am acting as a type of “patent nurse” or “patent brainstormer”, who merely “takes the blood pressure” of their various inventions\brands, but is not practicing medicine and is not practicing law. A nurse who takes blood pressure, but does not perform surgery, still should be $paid. I then make suggestions about how the Patent Application process works, how it is available to every US citizen regardless of race color creed or ethnic background. I explain how the patent application process is a basic version of Hell, a 5 hour process typically requiring 5 hours and 2 Monster® drinks. A headache.
I do the same for trademarks. My name my company appears on no federal filing. I merely show interested parties the various steps. I merely take blood pressure, but I do not use any scalpel. If the person wants to use their own laptop, their own ID, their own credit card, and do a Federal Filing right on the spot, I might/could stand in the background and make suggestions about the very strange, non-intuitive, federal filing menus and GUIs. That is not practicing law, instead just making suggestions.
PRIOR TO FEDERAL FILING, FILING PRE-PREP AND FOUNDATION
I also have experience in reading patents in a specific field, getting an idea of the word-flow and language-context of a specific invention-disclosure (an Issued patent), and show these inventors a parallel example, that is roughly parallel to their own inventive field. This provides a convenient template to work from, and can save a great deal of time. The US patent disclosure process has its own special language and culture, a bit nasty and difficult, but John Inc has experience in de-coding this.
Certainly, it may be necessary for a good cautious conscientious startup or small business to eventually engage a Professional Attorney experienced in these areas. However, there may be ways to do IP pre-prep prior to such an engagement, where this is sometimes known as “inventor self-help”. Having such pre-Prep ready, done, completed, PRIOR TO meeting any attorney of any kind, can save a FORTUNE in costs and confusion. Just like the Doctor already having your Blood Pressure and Vitals in-hand prior to meeting you in-the-body, time can be saved and getting to the core of a problem happens more quickly. At one time, it was difficult for anyone other than a medical doctor to take blood pressure readings. The early instruments were just too crude and primitive. At one time, it was against the law for people to pump their own gasoline into a car, as it was considered difficult and dangerous. Taking this example to an extreme, at one time, women did not have the right to vote.
In 2022 and beyond, the Intellectual Property filing model has considerably flattened and is way more accessible than in previous times. As someone experienced with patent lingo, patent drawings, patent format, and the difficult aspects of doing a patent filing, trademark info, I am like a medical assistant who can take blood pressure and temperature, gather necessary preliminary information, and help steer and guide the patent process as far as possible before an Actual Attorney is needed. Also, its very possible no Actual Attorney will Ever be needed.
That is the last and most important point. In many cases, many many small businesses, are guilty of the act of “premature IP filing”, that is, filing their patent or trademark applications before filing was really necessary or helpful. Like giving birth to a human, or making fine wine, its best to have the baby at the full 9 months, and an earlier “preemie” delivery does not necessarily make a healthier baby. Similarly, filing IP before the invention or innovation or brand has “stabilized” or “reached a quiescent point” or started to clearly resemble an item that will be selling in the marketplace, can be an error, and expensive error, that small businesses may later regret. However, most IP attorneys do not take a position on this, do not inform people that this filing may be premature. Instead, most IP attorneys will be happy to take your money, right away. Whether that is the best route for you or not.
CONCLUSION The USA’s Intellectual Property Universe is a very strange place, very counter-intuitive, with all kinds of pitfalls and “gotchas”. Kind of like finding yourself on the planet “Dune” (but without Timothee Chalamet). While I cannot help you avoid every single “gotcha”, I can increase awareness of some of the lesser-known “gotchas”.
BEST PATENT\TRADMARK SCHOOL ON EARTH: Public PAIR/TSDR!
Seeking a law student or other student looking to gain IP experience e.g. patents/trademarks
Candidates should be interested in going into patent/trademark law, with copyright a distant third. The position is work-from-home, work from anywhere, 1099-contract basis only, no benefits.
. . . Seeking a law student or other student looking to gain IP experience e.g. patents/trademarks . . .
We phrased our lead this way (twice) because we thought this language would match up with what most people are expecting. However, the real truth is, what we hope most people really want is "assistance in developing your patent/trademark skills, and finding your own clients and building your own business". But few people would respond to that lead, mostly because they don't realize that such a goal is achievable. Law schools are great for inculcating the sense that "you could never work for yourself, you must learn legal skills from others e.g. at a law firm".
But such an attitude is so 1994, so dead, so inaccurate. Like much about law schools.
Another mis-understanding: taking intellectual property courses in law school. That is a great way to learn how to turn pages in a textbook, how to sit and read. How to smell mildewy paper. And most important, how to have a hypothetical-only, non-practical understanding of trademarks, but not ever how trademarks really work. And knowing how the actual trademark process works, is a marketable skill that law firms are having trouble finding (even in this awful economy).
At this law firm, we won't really teach anyone how the patent/trademark system works. Instead, we will show people how to learn it for themselves, with our guidance. And we will show you how to make money from knowing this.
TRADEMARKS
The way to learn the trademark system, the best way, is to actually look up existing Trademark Registrations from companies that you care about, industries that you care about. Anyone can do this by going to USPTO.gov, do a trademark search, find examples of applications and Registrations within industries they care about, and then view the "TSDR file" for that specific trademark application. TSDR stands for "Trademark Status and Document Retrieval".
The good thing about this is anyone can learn the trademark system using examples of industries they care about. Any/all of UFC/MMA, NFL, high fashion e.g. Estee Lauder, Ford Motor Company, the Kardashians, Twitter, Facebook, or other things easily recognizable from your daily life, they all have trademarks. That is, all of these large businesses have trademark Registrations, and some of them had to fight to get those Registrations. TSDR provides a way that you or anyone else can see every step of their legal process, and read and understand every word of the back-and-forth between the Applicant and the US Trademark Office.
However, few people want to learn this way, because its super-dull. This aspect of trademark law is admittedly very very dull. But this law firm, this job, what we all do every day over and over, is dull. If you want to be in this industry, you have to accept dullness.
PATENTS
The way to learn the patent system, the best way, is to actually look up existing Issued Patents from companies that you care about, industries that you care about. Anyone can do this by going to USPTO.gov, do a patent search, find examples of applications and Registrations within industries they care about, and then view the "PUBLIC PAIR file" for that specific trademark application. PAIR stands for "Patent Application Information Retrieval.
The good thing about this is anyone can learn the trademark system using examples of industries they care about. Any/all of UFC/MMA, NFL, high fashion e.g. Estee Lauder, Ford Motor Company, Twitter, Facebook, or other things easily recognizable from your daily life, they all have patents. (The Kardashians may have some design patents, not sure) That is, all of these large businesses have patent Registrations, and some of them had to fight to get those Registrations. Public PAIR provides a way that you or anyone else can see every step of their legal process, and read and understand every word of the back-and-forth between the Applicant and the US Patent Office.
Again, few people want to learn this way, because its super-dull. This aspect of trademark law is admittedly very very dull. But this law firm, this job, what we all do every day over and over, is dull. If you want to be in this industry, you have to accept dullness.
A big factor in who we hire for 1099-work is whether those people are ready to come to the battle fully-armed, and ready to immerse themselves in extremely dull subject matter.
Click on this image to Contact Us for more information.