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 作专利律师还是大学教授？- Round 2 |
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deardong04
[博客]
[个人文集]
游客
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作者：游客 在 海归商务 发贴, 来自【海归网】 http://www.haiguinet.com
Many thanks to all who contributed to this discussion. Your comments and feedbacks are very helpful. However, as predicted, the opinions equally fell into the two opposite camps, and thereby left still me in the puzzle. Here I pull together all the comments pertinent to this topic and post it again, hoping to trigger more people to participate and give their valuable insights. I apologize for repeating the same question, but time is the essence and I need to make up my mind fairly soon.
Quite a number of people concerned the feasibility of me – a scientist by training with no education in law – to become a patent attorney in China. This is out of the question, for reasons provided in the following posts. I have to mention, however, that I have passed neither of the qualification exams. The company gives me up to three years to pass the patent bar and an incentive 60k CNY serves as a reward for the qualification. As for the attorney qualification, it is encouraged but not required as we may outsource litigation matters to outside counsels. My job instead will focus on IP strategy, using patent as a tool to give direction for research, grow business, and curb competition.
The company has extensive experience in IP so the six-month on-the-job training is a perfect learning opportunity. I particularly appreciate their strong support to nurture me to become an IP professional as it reflects the company’s attitude towards her employees. Besides, I will be the first IP person working for them in China, basically starting a new department, so there is quite some room for future growth even within the company. The drawbacks, as photon2 rightly put, are the lack of freedom and the reality of always serving others. This may ease a bit once I start my own practice, but the nature of the profession will nonetheless remain unchanged.
I can’t deny that I am a risk-taker, having a tendency to adventure new things or new directions. To me, IP is a completely new field, naturally luring me towards it. However, before making a career move, I have to calculate the risk. That is why I am here, as I really know very little about patent agent/attorney as a profession. What I do know is that I will one day start my own business. Either being a patent attorney or a college professor may lead to that, but likely in very different type of business.
The bottom line is that this is a question of opportunity cost. I wish I could get both, but that is unrealistic and unfair. Thereby I have to make a choice. By gathering as mush information as possible, I hope I can make a decision with sound rational. I would need your help to accomplish this goal and I thank you in advance.
Original post 2:
本人想回国做一些事情，现有两个offer供选择。一是到外企作patent attorney,搞专利战略，起薪28万，一年后涨到34万。一是到大学当full professor,搞科研，教书，带学生，钱还没谈，不过不会太多，加津贴一年也就十几万，不过有一百万起动基金可用于实验室建设。
本人博士毕业后在制药公司工作三年，有Science和Nature的paper,作学问应该还可以，每年拿个五十到一百万的科研基金也不会有太大的问题。此外研究方向为基础结合应用，将来创业的机会还是有的。相比之下，搞专利是新手，但因入行起点较高，加上外企又提供半年的培训，三五年后作到IP director 或是独立执业或是加入其他事务所作合伙人的可能是有的，届时年薪应在五十万以上，甚至超过百万。
面对两种选择，犹豫不决。还望仁者见仁，智者见智，以指点迷津。多谢了
>>comment by valley (Thanks!)
patent attorney without a law degree? or just patent agent?
In US the function of a patent agent is limited, so is the money s/he can earn in the field. I believe that is also true in China.
>>comment by 不拉不拉 (Thanks!)
你没有考过IP law bar怎么可以practise IP Law?
valley说的对，你的情况最多可以做patent agent,硅谷这里的行情不过是5万多美元年薪，国内怎么可能比硅谷还多？况且patent agent得职位极少，两百多人的律师行才不过一个职位，国内更加不要说。
你要在国内practise IP law,必须具备以下条件：
1）国内的LLB，或者国外的LLB,LLM,JD
2) 通过国内的律师资格考试
3）通过美国的bar
这样才有可能成为IP律师，或者执业。要不然，你只能做一辈子的patent agent，更加别说合伙人，连律师资格都没有。
>>> comment by agent2000sf (many thanks!)
国内是不是和加州一样不必有学位, 考过了就可以一样有律师执照啊?
不过制药也挺好的,国内不少科研院校的叫兽们外快挺多,就看你在什么学校、科研方向啦
>>> reply to 不拉不拉, valley, and agent2000sf:
From my limited understanding, in China, anyone who has college education in science, once passes a qualification exam, can become a patent agent and file patent before the patent office. Similarly, by passing another qualification exam, anyone who has formal college education can become an attorney at law and argue cases in court. It is certainly vital to have good understanding of law in order to practice law in China, but eduction in a law school is not necessarily required.
It is a lengthy process to become a patent attorney in the US. In China, because it is a new field, the entrance barrier is relatively lower in comparison, although the payback is also proportionally smaller. However, since it is a new field, the potential for growth is much bigger in China than in the US, at least I think. Would you agree?
>> comment by shguy (Thanks!)
If I were you, I would take the patent attorney position. Just a personal preference.
>> comment by 悠悠小草 (Thanks!)
去大学吧!
从家庭方面考虑 ...
看你是不是那么顾家了,因为我知道做律师,自己做的话,应酬太多,很容易忽略你的爱人.
>> comment by photon2 (Great comment, thanks!)
The choice is obvious, becoming a full professor. The issue is not money, but leadership and freedom.
As a professor, you are in the business of generating knowledge, inventing new technology, innovating old ways of doing things, educating young people. If you are ambitious, you can create tens of patents, starting new ventures that uses your inventions. In the process, you benefit the society at large and enrich yourself at the same time.
If you are dynamic, aggresive, and never stop innovating, it is very easy to make money as a scientist or engineer. The future economy is knowledge-based. If you become a professor, you are in the knowledge creation business.
As a professor, you are a leader. No many people have your choice. As a patent attorny, you are just a white-color worker, mostly, at the mercy of others who create technology.
Don't think about a salary of 1 million, think about how you can make 10, 100 million, or even a billion.
Being a professor with a vision, you have that opportunity, particularly, if you have published in Sceince and Nature.
Good luck!
>>> reply to photon2:
Many thanks for your feedback!!! This is a great response, good vision, and well said in perfect English. I am leaning towards the professorship. After all, this is what I was trained to be and I have enjoyed every bit of doing research. However, the prospect of working in the IP field and practicing patent law can not be easily dismissed. In China, this field is relatively new and thereby rapid grow is a sure thing. What I treasure most of the patent attorney's position is not its high pay, but the training opportunity. This company has an extremely strong positon in IP matters, and has been battling with other MNCs for years. Part of my offer package is to have me trained in their headquater for six months. That opportunity is rarely found, I think, and will give me a competitive advantage over my peers in China. That experience, along with my work history and education background, may allow me to rise up quickly in the field. Besides, having a good understanding in IP related issues is of increasingly importance in today's business world. Sicne I know I will start my own business sooner or later (as I am not great in taking orders from others), I would not mind spend some time studying the patent law and make a use of it for the future. It is just that if I shy away from research for too long, I may not be able to get back into it - not as a college professor at least.
Original post 1:
Just got an offer from a foreign company in Beijing, 300k annual base as a local position to work on patent issues. The offer is a bit lower than what I asked for (350K), but I think the prospect of practicing patent law in China is of great value, and perhaps will become even more so in the near future. I got this offer after formal interviews in China and then in the US. There were also two other local candidates competing for this job, but obviously did not make to the second round of interview.
I am currently working in the US in a different but related field, making US$75K a year. It is a tough call to make up mind, so your advice will be highly appreciated.
I would also like to know what other details other than the base salary I should be looking for in the offer package.
Thanks in advance.
>> Comment by 新新上海人 (Thanks!)
加油
其实300k已属不错的offer.如果你已还了学生代款。人们总是喜欢把美元乘8来计算，这不妥。 300k RMB 在中国花比 75k 在美国花舒服多了。重要的是宁可做蛇头不要做虎尾。
>> Comment by能否回头 (Thanks!)
薪水高点地点不是关键。关键是你从此以后的发展方向。
如果你是公民，去就去。
如果你有绿卡，也不妨实习一把。只有及时煞车，大不了算玩了一年。
(半年实习，半年回来重找工作)。
如果你没有身份，那就要想好你是否肯定放弃在国外幸福的方向。你
可以拖一两年回去。但你回去了就可能再也出不来了。这个决心不是
多几万少几万能弥补的。
>> Comment by 3434rewrew (Thanks!)
n
are you a lawyer? guess not.
Comparing to what you are making right now, it is a very good offer. Different labor market.
if you are single, better to pack up and go.
>> Comment by InAmeric (Thanks!):
Why settle down for less?
basically, you are selling yourself half price. Unless you could have opportunity to practice corporate law in China for MNC ($200 to $400/hr), I am not sure about the prospect of practicing patent law. this salary may be not sufficient for you to reture in US.
>>> Reply to InAmeric:
n
I believe IP issues will receive more and more attention in China and the value of the professionals working in that field will increase accordingly. However I am not in China and therefore do not know the local condition firsthand. This company has very strong IP presence in both Europe and US, but nil in China. Therefore there is an opportunity to build up the department and play a leading role in the process. The other attraction of the position is that there is on site training for up to six months, mainly taking place at the European headquarter. That, I personally think, is also of some value, especially for someone like me who does not have extensive experience in the very specialized area.
I am not too too concerned with the base salary as I believe there is always a better offer awaiting for someone who is good at the job. Rather, I would like to discuss with you the future of practicing patent law in China, because if this is not an arising field, even the top salary will still not matching the bottom ones in other professions.
>>> Comment by InAmeric (Thanks again!):
Good point.
First, I am not a lawyer, I do not have much knowledge of your profession, so, bear with me if I said something stupid. However, I do have a friend who earned law degree from France and was sent to Beijing as company's lawyer for a few years, this friend was replaced by a local eventually. Now, he is living in US.
It may be true that patent law is a new filed in China, being a new field does not always mean it will have healthy growth. Think about the MBA, MPA as well as PMP (project management professional), etc. For a while, they are all new and hot with excellent growing opportunity, look where they are now.
I am not trying to discourage you, if you are convinved about the potential, I would say it worth trying.
作者：游客 在 海归商务 发贴, 来自【海归网】 http://www.haiguinet.com
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 作专利律师还是大学教授？- Round 2 -- deardong04 - (11078 Byte) 2004-4-18 周日, 11:58 (1231 reads)
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