©2015 Foley & Lardner LLP Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but may be representative of clients 321 N. Clark Street, Suite 2800, Chicago, IL Should I pursue an “alternative” career path? Lisamarie Collins, J.D., Ph.D.

Adapted from Jordan Weissmann, “The Ph.D. Bust…” The Atlantic.com, Feb , 2:23 PM ET.

©2015 Foley & Lardner LLP Academic Employment Landscape ■Annual PhDs awarded continue to significantly outpace annual faculty positions » Approximately seven times more PhDs are awarded in S&E fields annually than there are newly available faculty positions 1 ■Increasing reliance of academic institutions on non-tenure-track faculty appointments ■Steady percentage (~70%) of biomedical science PhDs pursuing postdoc positions 2 1.Schillebeeckx, et al. Nature Biotech. 31(10): (2013). 2.Id.

©2015 Foley & Lardner LLP Deciding on a Post-Grad School Career: What are the options? ■What are some nonacademic options? » Industry (Pharma/Biotech) » Government » Science Communication/Writing » Science Policy » Consulting » Sales » Technology Transfer » Law (Intellectual Property Law/Patent Law)

©2015 Foley & Lardner LLP Weighing your options beyond academia ■What is it you want, or think you want, to do? How will you know if it is a good fit for you? » Be honest with yourself What is your skill set? What motivates you? What do you enjoy? » Be frank with your/a PhD advisor » Be proactive and network Attend events/symposia Training programs for post-doctoral fellows

©2015 Foley & Lardner LLP ■What is a patent? » A patent is granted by the federal government in exchange for the public disclosure of an inventive technology. » A patent confers the right to exclude others from making, using, selling, offering to sell, or importing into the United States the claimed invention for a limited period of time (20 years from filing an application with the United States Patent and Trademark Office). » Patents incentivize innovation through investment in research and development and promote the diffusion of ideas and information. From the Lab to the Law: Careers for Scientists in Patent Law

©2015 Foley & Lardner LLP ■Patent Prosecution » The process of drafting and filing an application for a patent, and negotiating with the U.S. Patent and Trademark Office for the grant of a patent. Typically, it is also necessary to present persuasive arguments on behalf of the applicant and to negotiate with the Patent Office Examiner for an allowable set of claims. From the Lab to the Law: Careers for Scientists in Patent Law

©2015 Foley & Lardner LLP Patent Prosecution Professionals: Filing, Enforcing, and Disputing Patents ■Filing Patents: Assist client inventors and companies in protecting their intellectual property rights by filing and obtaining patents for inventions ■Enforcing and Disputing Patents: Advise inventors and companies on patent rights » Freedom-to-operate opinions: new product launches » Patent infringement opinions: enforcing patent rights » Patent invalidity opinions: infringement defense ■U.S. Patent Attorneys » Attorneys who have passed the patent bar exam and are registered to represent clients before the USPTO » Have science or engineering degrees » Can also represent clients in a court of law ■Patent Agents » Non-attorneys who have passed the patent bar exam and are registered to represent clients before the USPTO » Have science or engineering degrees » Cannot represent clients in a court of law

©2015 Foley & Lardner LLP Patent Prosecution Professionals: Examining Patent Applications ■Examining Patent Applications » Evaluation of an application to determine if it meets certain requirements such as novelty and non-obviousness in light of prior art disclosures. ■Patent Examiners at the USPTO » May be attorneys » Have science or engineering degrees » Evaluate patent applications on behalf of the U.S. Government

©2015 Foley & Lardner LLP “I entered this field by accident not by choice. I stayed with it because I like the fact that I have exposure to a wide variety of cutting edge scientific inventions. I get to use my knowledge of chemistry (and law) to help other inventors patent their inventions and improve my knowledge of various subjects at the same time. That aspect of the job is very satisfying and rewarding. If I had stayed in industry, I would have been limited to very specific pharmaceutical inventions.” – Patent Agent Science and Law: Why Patent Law?

©2015 Foley & Lardner LLP “Big ‘make or break’ decision as to what lab/area you should pursue for your postdoc. Too much long- term risk associated with postdoc- each cycle of bad data sets you behind the job seeking schedule. Industry quirk – way too much repetitive grunt work on the same pipelines/model systems (often screening for modulators of the same pathway). Our work gives us variety and the excitement of the treasure hunt/find without all the usual heartache we went through as lab rats.” - Patent Attorney Science and Law: Why Patent Law?

©2015 Foley & Lardner LLP “When I graduated in the Fall of 2007 the job market for PhD chemists was bad (and still seems to be bad). There were major layoffs at pharma and biotech companies and no one seemed to be hiring. I decided to look at other job options knowing the industry job market was terrible and that I didn’t want to go into academia. I was also motivated to find a different type of job, because I didn’t want to be in the lab anymore. I was tired of exposing myself to nasty chemicals day in and day out. Once I started researching other options, I came across patent law. I contacted several patent attorneys and patent agents to ask them about the job. The more I learned, the more I realized patent law seemed like a good fit for me. At that point I started looking for patent agent/technical specialist positions, but the job market was terrible. So I took the leap and applied to law school.” - Patent Attorney Science and Law: Why Patent Law?

©2015 Foley & Lardner LLP Education ■Why Law School? » More marketable » More knowledgeable and credible » Intellectually challenging » Pro bono » Salary » Diverse areas of law » Relatively quick turn- around ■Law School Considerations » Tuition » Time commitment » Full-time/Part-time » Family commitments

©2015 Foley & Lardner LLP ■Research skills » Essential for understanding both the science and relevant legal nuances ■Analytical skills » Weeding through large amounts of information to identify key kernels ■Objective » Explain facts objectively to help clients make sound and informed decisions ■Communication skills – oral and written » Concise, accurate, efficient writing » Clear presentation of information and sophisticated science ■Interpersonal skills » Inherently collaborative profession Technical Skills

©2015 Foley & Lardner LLP ■Trained scientists are well-equipped for patent law professions. ■Graduate school prepares you for many different careers. Take time to explore your options, make connections, and form a network of multiple mentors. Is Patent Law a Good Fit for You?

Adapted from Jordan Weissmann, “The Ph.D. Bust…” The Atlantic.com, Feb , 2:23 PM ET.

©2015 Foley & Lardner LLP Thank you!

©2015 Foley & Lardner LLP Lisamarie A. Collins, J.D., Ph.D. Associate Lisamarie Collins, Ph.D., is an associate and intellectual property lawyer with Foley & Lardner LLP. She is a member of the Chemical, Biotechnology & Pharmaceutical Practice. In 2012, Dr. Collins served as a summer associate and later as a law clerk with Foley. Earlier she also worked as a law clerk with the Wisconsin State Department of Corrections. Prior to her legal career, she gained research and teaching experience in physiological and biological sciences at the Medical College of Wisconsin and Marquette University. Learn more at