Is a Foreign-Educated Patent Agent Marketable to U.S. Law Firms?

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published February 22, 2016

By Author - LawCrossing

Question:
 
I have a Ph.D. in Chemical Engineering and earned my degree at a top university in Beijing. Although I am not a U.S. citizen, I am currently completing my post-doctoral work in Washington, D.C. and, thereafter, would like to obtain a job as a technical specialist or patent agent at a U.S. law firm. Will I be marketable based on my advanced degree or do firms generally prefer candidates who earned their technical degree in the U.S.?
 
As a foreign-educated technical specialist or patent agent am I marketable in the U.S.?

Answer:

There are a host of factors that come into play in such a situation. Perhaps the largest potential factor is whether or not you would require visa sponsorship from your employer. Some firms are willing to assist prospective employees with visa needs, however this can often work against an international candidate if there are equally strong candidates in the mix who would not require sponsorship. You can help allay any concerns a firm might have by offering to cover the costs associated with sponsorship.
 
Another very critical factor is the extent of any prior patent experience you have. Firms often prefer candidate with prior patent prosecution and preparation experience (especially prior experience drafting patent applications). It can often be more difficult to attract interest from a law firm if your experience is thus far limited to science and/or research; however even tangential or nominal experience with patents can help your candidacy.
 
Firms also strongly consider the overall strength of a candidate’s academic and technical background, and will often be drawn to highly specialized or niche expertise (e.g., small molecule or immunology experience). If you have specialized or rare technical expertise, this is certainly something you will want to emphasize when applying to firms.
 
Furthermore, U.S. firms are often willing to consider overseas candidates who have prior law firm experience, especially if that experience is at a large international firm whose name will resonate among competitor firms in the U.S. Many firms also value prior law firm experience because candidates with such experience are likely to successfully integrate into firms and generally have a good sense of what the work environment will be like.
 
Lastly, firms that have an overseas presence (or international clients) may view your international background as an asset. Similarly, such firms may well desire candidates with specific foreign language skills, so such skills should be emphasized in your job applications.
 
Best of luck with your job search!
 
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