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Why Biomedical Scientists Should Consider a Career in Patent Law

Biotechnology Club at UT Southwestern

Bridging the gap between academia and industry in the life sciences.

发布日期: 2024年11月12日

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By Lexus Tatge , Biotechnology Club: Director of IP Education

A tired science graduate student uses his toaster oven-air fryer combo to reheat chicken tenders after a 12-hour workday.

So, you've just trudged through the door after a 12-hour stint in the lab. Why? Because somewhere, in a flash of wild optimism, you thought, “Why not run an experiment at 4, 8, 12, and 24 hours?” Now, as you toss your backpack into your snug, 600-square-foot apartment, the evening routine kicks in: chicken tenders go in the air fryer, a Diet Coke lands in your hand, and you’re finally ready to unwind. Maybe tonight you’ll dive into Suits or the latest season of Lincoln Lawyer—or, more realistically, spend five minutes on Instagram only to realize you’re far too burnt out to do anything but scroll.?

Then, somewhere between doom-scrolling and reheating dinner, it hits you. Are you on the right path? Sure, research satisfies that itch for discovery, for the thrill of solving complex problems, but let’s be real, it isn’t exactly filling the bank account proportional to the time you spend grinding in the lab.?

Let’s hit pause on the existential moment and turn to some data. For all the scientists here weighing their next moves, consider this: If you’re among the one-third of graduate students leaning toward industry and hoping to skip the post-doc, things might be looking up for you. A 2023 case study by Holden A. Diethorn and Gerald R. Marschke found that biomedical PhDs who go straight into industry make an average of 16% more annually than those who take the postdoc route, with that pay gap holding steady for up to 15 years post-graduation.?

Why does this matter? Because when we first start grad school, most of us aspire to become principal investigators. But as time goes on, we come to see the demands of the job up close: PIs working extra-long hours to secure funding, the weekends spent in the lab to get the perfect blot, and the constant balancing act between research and administrative responsibilities. And if you’re noticing how hiring rates are low and tenured professors stay active longer, you’re not alone. In six years, I’ve met only one PI who planned to retire—and he was Swiss! By our third or fourth year, when the PhD slump starts to take a turn for the worse, the realties all start to seep in that the journey to a faculty position is both lengthy (6 to 10 more years until stepping onto the job market), and extremely competitive.??

For many of us, the appeal of academia starts to shift as we better understand its demands and the limited number of positions available. Even if we stick it out and finish a five-to-six-year PhD, a postdoc often awaits—averaging another six years, with starting pay at around $61,500, gradually rising to about $66,500 by the fourth year (based on NIH guidelines; HHMI and some California institutes offer slightly higher rates). And while you might dive deeper into basic science, or change fields entirely, during those years, tenure-track roles remain highly selective. With roughly 50% of postdocs ultimately pursuing careers outside of academia, and research shows if you want to go into industry and pay is of importance to you, it may be worth considering the multitude of sectors industry has to offer before having your final committee meeting.??

As you can tell from the title, I am here to illuminate why a career in patent law might just be the perfect fit for biomedical scientists like you. There is plenty out there on other sectors of biotech, but I have found that very few talk about the intersection of science and law, and that’s what I hope to do with this 9-part blog series. So, sure, we often hear that career choices shouldn’t be driven purely by money—and it’s true, passion and purpose do come first. But who says a rewarding paycheck, that in reality is proportional to your output, can’t be a close second? Personally, I love innovation. I love when a labmate runs up to me to share new data, even more than my own new data. I also love to read about the newest publications, and even, dare I say it, I enjoy grant writing. However, I am not a fan of bench work, data analysis, or trying to write a research article. After my own deep-dive of Google browsing, ChatGPT consultations, and conversations with seasoned patent attorneys and law school admissions reps, I’ve narrowed down the top career paths in patent law for biomedical graduates.??

Here’s what you need to know.?

?1. Technical Specialist (a.k.a. Patent Advisor or Technical Analyst)?

A technical specialist is typically a Ph.D. scientist who teams up with patent agents and/or patent attorneys to prosecute patents. Now, a quick refresher—what is a patent, exactly? In simple terms, it’s a legal protection issued by the government that gives inventors exclusive rights to their inventions for up to 20 years, provided those inventions are novel, useful, and non-obvious. In this role, you’ll help craft the patent document itself (be prepared—it’s lengthy, just like that F31 you tried applying for during graduate school) and conduct extensive literature reviews to confirm the invention’s originality and utility. Salaries for technical specialists can vary widely, depending on experience and location, but tend to be competitive within the industry. For Texas, the average is about $75,500 and nationwide it is $87,000.?

?2. Patent Agent?

The patent agent’s role resembles that of a technical specialist but with one key difference: patent agents have passed the U.S. Patent Bar Exam and are officially registered with the United States Patent and Trademark Office (USPTO). To be eligible for the patent bar, an applicant must have a hard-sciences degree. That is why it is very selective to be a patent agent or attorney in the first place. Patent agents perform patent preparation and prosecution work and gain a bit more autonomy in their cases. Salary ranges are generally between $90,000 and $190,000.??

?3. Patent Attorney?

A patent attorney does everything a patent agent does—plus more. This role requires a J.D. (Juris Doctor) degree, so law school is a must. The way I see it though (since I just applied for law school), is that if it's between law school and a postdoc, the law school is half as long, and you come out making twice as much. Another cool thing to note is that in many cases, if you are working as a patent agent for a firm, there is a good chance that firm will pay for your law degree if you do night-law school (4-years vs 3-years) and continue to work for them during the day. Money and a degree? Sounds like a biomedical PhD repeat. Patent attorneys are uniquely positioned to work directly with inventors, guiding them through the patenting process and potentially litigating in cases of patent infringement. Compensation for patent attorneys is among the highest in the field, with salaries ranging from $120,000 to over $300,000 depending on experience, region, and if you are at a firm or a company.?

4. Patent Examiner?

On the other side of the patent process is the patent examiner. Employed by the USPTO, examiners are responsible for assessing patent applications to determine whether an invention qualifies for protection. A strong scientific background is essential, and a JD is not. Patent examiners’ salaries are on a federal pay scale and start at a GS7 ($67,000 to $87,000) or GS9 ($78,000 to $101,000). It is also nice to mention that this position is almost always 100% remote, and you can still apply while in the last year of your doctorate.??

5. Technology Transfer Specialist?

Finally, if you’d like to stay connected to academia, consider working in a university’s Office of Technology Development (OTD). Researchers often seek to patent their work before publishing it, and tech transfer specialists facilitate this process. These positions can vary greatly in pay, as different combinations of credentials (like a PhD, JD, or a patent bar registration) influence compensation. If this is of interest to you, check the university’s OTD careers website for more information.??

So, remember that moment when you tossed your backpack into your tiny apartment and settled into yet another evening with reheated chicken tenders and mindless scrolling? Imagine, instead, walking into a career where your scientific background guides innovations. You’re not just in the lab for those 12-hour stretches anymore—you're engaging with lawyers, scientists, and inventors; most of the time, on your own time. Plus, you’re not chasing funding on the weekends or wrestling with datasets until midnight; you’re applying your passion for discovery in a way that’s both impactful and rewarding. This path not only lets you leverage your hard-earned knowledge (8+ years of STEM degrees post-high school) but also opens doors to professional growth, financial stability, and a chance to change the future of science from a fresh perspective.?

In my opinion, patent law offers the perfect balance: the thrill of scientific discovery, the satisfaction of seeing innovations thrive, the chance to step out of the bench, and to always be one of the first people an inventor comes to with a new idea (because who doesn’t love to always be in the “know”). You won’t just be contributing to science—you’ll be safeguarding it. And, yes, your evenings might look a little different, too.?

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