- Make passing your state bar exam a long-term priority.
- As a short-term goal, focus on getting high UGPA and LSAT scores.
- If you’d like to specialize in patent law, consider enrolling in a science or engineering degree program.
Intellectual property law is often referred to as a cutting-edge legal specialty. Combining law, science, technology, and business, intellectual property law is a field that is constantly evolving. New technologies give rise to new legal issues and IP lawyers must be able to understand and apply the law to ever-changing circumstances.
Because of ongoing digital transformation, the need for businesses to safeguard their intellectual property and technological solutions is more important than ever. Intellectual property lawyers help businesses navigate the complex legal landscape and protect their valuable assets, meaning that demand for IP lawyers is strong and expected to continue to grow in the coming years.
In fact, the 10-year job growth for IP lawyers is expected to be 11% per year: far more than the United States national average of 7.7% across all occupations. Combined with an average salary of $128,666, it becomes clear why intellectual property law is an attractive field of practice for many lawyers.
In this article, we’ll take a deep dive into the world of intellectual property law. We’ll explore what intellectual property lawyers do, the skills they need to be successful, how to get started in the field, and more.
Here’s what you’ll learn:
What is intellectual property (IP) law?
Intellectual property law is a branch of law that protects intellectual creations. Discoveries, brand names, maps, computer programs, books, as well as creative works such as music and plays are all examples of intellectual property. Whether you’re protecting the recipe for Coca-Cola or a book, the principles are the same.
IP law also deals with licensing and unfair competition and it’s closely related to other specializations such as computer law and sports and entertainment law. While the law of copyright, patents, and trademarks are all part of IP law, each area has its own distinct rules and procedures. Thus, not all the IP law areas require prior scientific, engineering training, or other particular technical backgrounds.
Ultimately, though, the main goal of intellectual property law is to safeguard intellectual assets that need human intellectual work to develop.
Now, let’s have a closer look at some of the most common types of intellectual property lawyer career paths.
What intellectual property lawyers do
The work of an intellectual property lawyer can involve a wide range of tasks depending on the position. However, there are some common activities that intellectual property lawyers typically perform:
- Providing general legal advice on intellectual property issues.
- Creating or advising on licensing arrangements for the use of an intellectual property.
- Conducting negotiations with other companies over the use of intellectual property in product development or marketing agreements. Some IP lawyers also specialize in particular going to court to resolve these kinds of matters.
- Protecting trademarks, copyrights, and patents through registration with the appropriate government agencies.
Many IP lawyers also work as in-house counsel for corporations, developing and enforcing policies relating to the use of trademarks, copyrights, and patents. However, whatever the specifics of their work, IP lawyers are ultimately responsible for helping their clients to protect and exploit their intellectual property assets.
If you’re seeking a profession that is near to the creative world, such as art, literature, or invention, yet also desired something stable and secure, consider a career in IP law.
Intellectual property lawyer career paths
The four main types of intellectual property law are copyright law, trademark law, patent law, and trade secrets law. Similarly, the main career paths for intellectual property lawyers also reflect these four types.
Let’s explore each one in more detail.
Copyright lawyer
Copyright lawyers advise a wide range of clients such as business owners, writers, artists, composers, and filmmakers on their rights to their work and negotiate contracts protecting their clients’ rights. They also represent their clients in court to protect their copyrighted assets.
Patent lawyer
Patents give inventors the legal right to stop others from making, using, selling, or importing their inventions. After a patent is granted, a lawyer specializing in patents may be required to examine and create licensing possibilities for the patented device or procedure, which entails drafting and negotiating license agreements.
Patent lawyers focus on securing patents for their clients and representing them in patent infringement litigation. A large part of their work also involves conducting patent searches.
Trademark lawyer
Trademarks safeguard words, sounds, colors, or other symbols that are used to identify a supplier of products or services. Trademark owners have the power to prevent others from using any mark that might cause consumer confusion and they are immune from trademark infringement.
A trademark lawyer deals with the legal aspects of trademarks, service marks, trade names, and product packaging. They advise clients on how to protect their brands and work to resolve disputes if someone else is using their client’s trademark without permission.
Trade secrets lawyer
Trade secret attorneys counsel their clients on how to keep their trade secrets confidential and litigate when a company’s trade secrets have been stolen. They also work with businesses to develop agreements, such as nondisclosure agreements (NDAs), that will protect their client’s trade secrets.
In a nutshell, trade secrets are information that companies keep secret to give them a competitive advantage. The formula for Coca-Cola is the most famous trade secret. Owners of trade secrets can use various methods to prevent others from unauthorized use of the information.
Potential places of employment for intellectual property lawyers
Together with technological developments, intellectual property law is one of the fastest-growing areas of law. There are IP law practice opportunities at law firms of all sizes, mid-to-large-sized corporations, the government, public interest organizations, or even universities.
Broadly, the places of employment for intellectual property lawyers can be categorized into the following sectors:
Public sector
In the public sector, lawyers can work for the government or a variety of other public organizations with diverse opportunities for those interested in intellectual property law.
Some options to consider include:
- U.S. Patent and Trademark Office (USPTO) is a federal agency responsible for granting patents and registering trademarks. Within the USPTO, there are many patent and trademark positions, and attorneys at USPTO are afforded flexible schedules.
- U.S. Copyright Office (USCO) is a part of the Library of Congress. Copyright lawyers at the USCO advise on all copyright matters and oversee federal copyright registration and they hire IP lawyers in various capacities.
- Federal Trade Commission (FTC) is a federal agency that protects consumers and promotes competition. As part of its mission, the FTC enforces laws related to intellectual property, including antitrust laws, trademarks, and copyrights.
- Department of Commerce has many bureaus and offices and they employ IP lawyers to assist in matters such as international trade and investment.
- Department of the Interior safeguards America’s natural resources and heritage. The Department of the Interior employs IP lawyers to work on a variety of issues including patents, trademarks, and copyrights.
- Department of Justice (DOJ) hires IP attorneys to represent the government when IP law matters are litigated on behalf of government agencies.
- Public colleges and universities also often employ IP lawyers, especially those colleges and universities with large research and development departments. Additionally, both The Chronicle of Higher Education and AcademicKeys have academic positions available for those interested in intellectual property law.
Now, let’s have a closer look at where intellectual property lawyers work in the private sector.
Private sector
Most intellectual property lawyers are in private practice, working for law firms and corporations of all sizes. As the demand for IP lawyers has increased, so has the number of law firms that have IP law practice groups.
Here are a few options to consider from the private sector:
- Intellectual property law firms throughout the U.S. specialize in intellectual property law. In addition, many large general practice firms have IP law departments. Here’s a handy list of such firms from IP Stars.
- Corporations hire IP lawyers as in-house counsel. In-house lawyers usually develop expertise in the corporation’s technology and may be involved in business decisions relating to the protection of intellectual property. The following resources might be useful to find out about opportunities at corporations: The Association of Corporate Counsel and The American Intellectual Property Law Association (AIPLA).
- Small businesses also need IP lawyers to protect their inventions, ideas, and creativity.
Finally, let’s go over the third category of places where intellectual property lawyers work: international organizations.
International organizations
As a result of various international agreements, conventions, and protocols, intellectual property has many similar principles and fields of application at the international level, creating opportunities for a person to build an international career. If you are interested in pursuing a career in international IP law, you should consider law firms with international IP practices, as well as non-governmental agencies and other international organizations such as:
- Chartered Institute for Patent Attorneys (CIPA)
- Institute of Professional Representatives before the European Patent Office (EPI)
- Institute of Trademark Attorneys (ITMA)
- International Association for the Protection of Intellectual Property (AIPPI)
- International Intellectual Property Institute (IIPI)
- International Trade Centre (ITC)
- World Intellectual Property Organization (WIPO)
- World Trade Organization (WTO)
Steps to becoming an intellectual property lawyer
Follow these steps to become an intellectual property (IP) lawyer:
1. Get your undergraduate degree
In order to qualify for enrolling in a Juris Doctor (JD) degree or for taking your state bar exam, you’ll need an undergraduate degree. While studying, try to maintain a high undergraduate grade-point average (UGPA) as this will give you a better chance of being accepted into the law school of your choice.
Interestingly, for the patent bar exam specifically, you are not required to have a law degree. Instead, you’ll benefit from a degree in a science or engineering field as it will give you the technical understanding of the subject matter needed to pass the exam. Keep that in mind if your end goal is to become a patent lawyer.
Ultimately, though, the decision of what to study at the undergraduate level is up to you. Just remember that you’ll need to take the LSAT exam mentioned below regardless of your chosen major.
2. Take the Law School Admission Test (LSAT)
In addition to your undergraduate grade-point average (UGPA), the result you get from the LSAT will play a significant role in whether or not you’ll be accepted into the law school of your choice. The LSAT is a 3-hour, standardized test that measures three key categories:
- Reading Comprehension
- Analytical Reasoning
- Logical Reasoning
Preparing for the LSAT takes between 150 and 300 hours on average, so make sure that you give yourself enough time to study. You can register for the LSAT on the Law School Admission Council (LSAC) website.
To prepare for the LSAT in the most efficient way possible, I recommend the following test prep course platforms:
3. Get your Juris Doctor (JD) degree
A Juris Doctor (JD) degree is the minimum educational requirement for becoming a lawyer in the United States and it typically takes three years of full-time study to complete. The JD is considered a professional degree and it requires you to have a prior undergraduate degree in order to qualify.
Regardless of the sector of specialty, successfully completing law school is a necessary precursor for entering the profession. The JD is the most common degree required to practice law, and this includes IP law.
Some people, on the other hand, continue their education by enrolling in additional courses or credentials that need further studies, such as the Master of Laws (LLM) or Doctor of Juridical Science (JSD).
4. Start acquiring particular skills for IP law
There are a few skills you should look for if you want to work in the legal industry (IP law or otherwise). These are:
- Analytical thinking
- Writing and editing
- Oral communication
- Problem-solving
- Research capabilities
While many of these skills will be taught throughout your law studies, you’ll benefit from starting to develop them as early as possible. That way, by the time you graduate, you’ll already have a head start on your career and you’ll be ahead of the competition.
5. Find part-time jobs, internships, and volunteer activities
The aforementioned skills may also be acquired through part-time jobs, internships, and/or volunteer work. For example, volunteering with a law office that focuses on intellectual property.
In order to land a high-paying job as an intellectual property lawyer, you’ll need to have experience in the field. Oftentimes the best way to gain this experience is through internships and part-time jobs while you’re still in law school. Many times, these opportunities will also lead to full-time positions after graduation.
6. Enroll in an IP law certification program
In order to stay ahead of the competition, consider getting certified in intellectual property law by a well-known university or organization. This is not a strict requirement, but it will give you an edge over other candidates who don’t have the same credentials.
Here’s a selection of online intellectual property law certification courses worth taking a look at:
- Intellectual Property Law Specialization (University of Pennsylvania)
- Law and Technology (IP) Certificate (Berkeley Law)
- Intellectual Property Law Essentials (Cornell)
- Certificate in Intellectual Property (Queen Mary University of London)
These types of certification programs typically cost far less than a degree and they can be completed fully online in far less time. They generally include courses on one of the primary intellectual property areas, such as copyright law, patent law, and trademarks.
7. Pass your state bar examination
The ultimate goal of anyone trying to become an intellectual property lawyer in the United States should be to pass the bar exam. After all, this is the only way to become a licensed lawyer in the country.
The bar exam is administered by each individual state and the requirements vary from one jurisdiction to another. It’s important to research the requirements of your state before you start studying for the exam.
Once you’re ready to take the plunge, there are a few ways to prepare, such as:
- Taking a bar review course
- Studying on your own with bar prep materials
- Hiring a private tutor
To work as a patent attorney before the USPTO, you must first become a registered patent agent. To become a registered patent agent, you must pass the patent bar examination (the Examination for Registration to Practice in Patent Cases Before the USPTO).