Patent Law in Washington, D.C.: The 2004 U.S. News Rankings

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1 : The 2004 U.S. News Rankings The writer is now in the process of reevaluating the patent law opportunities in the Washington, D.C, area. Various provisional tables have been assembled, reproduced here, in connection with this study. Hal Wegner March 18, 2014 Table Title page I 2014 U.S. News Intellectual Property: 2 Top Ten Rankings II 2014 U.S. News IP Rankings: 3 Top 25 III IP at the Five Major D.C. Area Law Schools 4 IV Patent Lawyer vs. Non-Lawyer Patent Agent 5 Private Practice V Patent Lawyer vs. Non-Lawyer Patent Agent 5 Corporate Practice Patent Lawyer vs. Non-Lawyer Patent Agent 5 Size Matters: AmLaw 100 Patent Examiner Salaries 6 (with B.S. degree but without any legal education) VI VII

2 Table I 2014 U.S. News Intellectual Property: Top Ten Rankings * Law School IP Ranking Overall Rank Δ Full Evening 1 Stanford University none 2 Berkeley (Boalt Hall) none 3 George Washington DC Santa Clara New York University none 6 Yeshiva (Cardozo) Houston American DC New Hampshire none 10 Chicago-Kent (IIT) Boston none Other Schools with an Evening Division in the Top DePaul (Chicago) John Marshall (Chicago) unr. + unr George Mason DC 15 unr (Arlington, Virginia) 17 Fordham (NYC) Suffolk (Boston) 19 unr. + unr San Diego 25 unr Georgetown DC * Table I is based upon Table III, 2014 U.S. News Intellectual Property Ranking including footnotes. unr. For full time programs means that the program is in the bottom tier below the ranked programs (where the ranking stops at school 147). DC indicates a law school in Washington, D.C., area. Missing from the Top 25 List are Catholic (which has an excellent IP program) and Howard (which has neither a patent program nor an evening division). 2

3 Table II: 2014 U.S. News IP Rankings Top 25 * IP Rank Overall Rank Change Law School (Part time rank) up down Stanford University Berkeley (2) George Washington (33) Santa Clara New York University (26) Yeshiva (Cardozo) (12) American (10) Houston New Hampshire (23) Chicago Kent (IIT) Boston U. of Washington (29) DePaul UN ** (UN ** ) ~ John Marshall 15 u. 46 (4) George Mason Harvard (3) Fordham Columbia 19 u. 7 Pennsylvania 19 u. UN ** (31) Suffolk UCLA Duke Indiana Michigan 25 u. 36 California Davis 25 u. 79 (17) San Diego Virginia Drake (1) Georgetown * ** u. = unranked. Unranked position is counted as 28th rank for purposes of Change. Schools ranked in 2013 dropped from the list are Michigan State (20), California Irvine (25); New York Law School (27) UN means school is unranked. The rankings end at school 147. Approximately the bottom quarter of schools are unranked. 3

4 Table III: IP at the Five Major D.C. Area Law Schools * Rank Law LSAT Regular Full Time Patent Faculty All a PM IP b School 25% ** Georgetown 163 Prof. Jay Thomas c George Washington 159 None d George Mason 157 Prof. Adam Mossoff e American 153 Profs. Jonas Anderson, Jorge Contreras f Catholic 151 Profs. Elizabeth Winston; Megan La Belle g * U.S. News & World Report, annual review of graduate schools (2014). The schools are not ranked here but are listed in the order of their rank in the overall survey of the U.S. News & World Report. Not considered because of their distance from Washington, D.C., but still relatively close are T.C. Williams (Richmond) which features Professors Kristen Osenga and Chris Cotropia and the University of Baltimore which features Professor Will Hubbard. Both schools are excellent choices if one has employment opportunities in the greater Washington, D.C., area in Virginia or near Baltimore, respectively. Howard University is yet another school in Washington, D.C., but lacks an evening division to permit taking classes outside working hours. ** 75 % of entering students have at least this score; only 25 % have lower scores. a This is the principal and most objective ranking because it takes into account a variety of objective factors such as grades and LSAT scores. b The IP ranking is based upon the opinions of full time faculty members where the name recognition of colleagues who may rank persons known to or popular with them. Most surprising is that Georgetown is only ranked No. 25 when it arguably is the best place for a patent student to take the J.D. course. c There is no formal graduate patent program in the same sense as at GW. Given the widespread knowledge of the Georgetown law program and particularly its No. (1) ranking among all evening division programs and given the fact that faculty popularity figures into the IP ranking supra note b, the low IP ranking has less to do with objective criteria and more to do with subjective likes and dislikes of colleagues around the country. d George Washington has lost both Professor John Duffy (now at U.Va.) and Professor F. Scott Kieff (technically on leave while he serves a nine year term at the International Trade Commission). The school has apparently cannibalized the patent slots in favor of other areas in the face of reduced funding. The school does benefit from program leadership of Associate Dean John Whealan and Adjunct Professor (and Chief Circuit Judge) Randall R. Rader. However, Dean Whealan continues to have a major appellate practice and is not part of the tenured faculty; Professor Rader as from April 21, 2014, is retirement eligible and could be lured to a major position outside the Court and GW. e Prof. Mossoff runs a full patent program and has established himself as an independent voice with Congress. f The big challenge for American will be to keep Prof. Anderson (a former Federal Circuit clerk) on its faculty to become the first tenured full time patent professor. Prof. Contreras is important for patent policy issues. g Professor Winston heads a program with a second full time patent professor; she has excellent connections in the local patent community; she is a former Clerk to former Chief Judge Michel. 4

5 Table IV: Patent Lawyer vs. Patent Agent Private Practice Agent vs. Attorney 1st Quartile (25%) Median 3rd Quartile (75%) Patent Agent a $ 92,000 $ 145,000 $ 411,000 Patent Attorney b $ 284,000 $ 473,000 $ 758,000 Dollar Differential $ 192,000 $ 328,000 $ 347,000 Percentage Diff l 300 % 325 % 185 % a AIPLA Report of the Economic Survey (2013), AIPLA (July 2013), Total Gross Income for 2012 from your Primary Practice (Q13), p. I-85, Patent Agent, 5-24 years experience. The actual numbers in the table were $92,000; $145,000; $411,200 b Id., Total Gross Income for 2012 from your Primary Practice (Q13), p. I-85, Private firm, partner, Wash., D.C. The actual numbers in the table were $283,750; $472,500; $ 757,750 Table V Patent Lawyer vs. Patent Agent Corporate Practice Agent vs. Attorney 1st Quartile (25%) Median 3rd Quartile (75%) Patent Agent a $ 132,000 $ 185,000 $ 207,000 Patent Attorney b $ 190,000 $ 225,000 $ 290,000 Dollar Differential $ 58,000 $ 40,000 $ 83,000 Percentage Diff l 140 % 120 % 140 % a AIPLA Report of the Economic Survey (2013), AIPLA (July 2013), Total Gross Income for 2012 from your Primary Practice (Q13), p. I-96, Patent Agent, years experience. The actual numbers in the table were $132,500; $185,000; $207,132. b Id., Total Gross Income for 2012 from your Primary Practice (Q13), p. I-77, Corporate IP, Attorney, years experience. The actual numbers in the table were $ 190,000; $ 225,000; $ 290,000 Table VI: Patent Lawyer vs. Patent Agent Size Matters The AmLaw 100 (Firms with More than 150 IP Lawyers and Agents) Agent vs. Attorney 1st Quartile (25%) Median 3rd Quartile (75%) Patent Agent a $ 85,000 $ 97,000 $ 111,000 Patent Attorney b $ 572,000 $ 750,000 $ 1,000,000 Dollar Differential $ 487,000 $ 653,000 $ Percentage Diff l 670 % 770 % 900 % a AIPLA Report of the Economic Survey (2013), AIPLA (July 2013), Total Gross Income for 2012 from your Primary Practice (Q13), p. I-86, Patent Agent, more than 150 IP professionals. The actual numbers in the table were $84,250; $96,500; $111,242 b Id., Total Gross Income for 2012 from your Primary Practice (Q13), p. I-24, Private firm, partner, more than 150 professionals. The actual numbers in the table were $ 572,500; $ 750,000; $ 1,050,000 5

6 Table VII: Patent Examiner Salaries * with B.S. degree but without any legal education Starting: B.S. Engineering/Science ~$ 42,00 to $ 53,000 after 2-3 PTO: ~$ 70,000 Ph.D. ~$ 70,000 ~$ 96,000 * The chart was reproduced from the Patent Office website, on March 16,

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