What does an intellectual property lawyer do?
Intellectual property law is a relatively new practice area, but it’s one that has been growing rapidly in recent years. IP law is the area of law that deals with patents, trademarks, trade secrets and copyrights. Intellectual property lawyers are busy people—they help companies protect their ideas from being copied by others, and they also help people who want to protect their own original creations from being stolen or misused.
How do you become an intellectual property lawyer?
Becoming an IP lawyer requires a lot of hard work and dedication. You should have at least a bachelor’s degree in law or another relevant field before you start applying for jobs in this field. Many employers require applicants to have at least three years of relevant experience as well.
How To Become Intellectual Property Lawyer
Intellectual property law is a legal specialty that protects and defends client designs and ideas. To decide if this is the right specialty for you, it’s important to understand the skills and educational background that intellectual property lawyers need. In this article, we discuss the job duties of intellectual property lawyers and the steps you can take to pursue this career.
Related: How To Become a Lawyer
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What is an intellectual property lawyer?
An intellectual property (IP) lawyer is a legal professional who protects the ownership of intangible assets, including:
- Names
- Symbols
- Artwork
- Images
- Slogans
- Music
- Films
Here are some types of intellectual property that IP lawyers use to protect their clients’ creations:
- Copyrights
- Trademarks
- Trade secrets
- Patents
- Licensing
- Distribution
- Franchising
- Unfair competition
Read more: What Is an IP Attorney? Definition, Skills and Requirements
What does an intellectual property lawyer do?
Intellectual property lawyers work in law firms, universities or the legal departments of corporations. Their primary responsibilities include:
- Obtaining patents and trademarks for their clients
- Providing legal counsel to their clients
- Consulting on their clients’ creative ideas
- Representing their clients in court
- Writing legal documents
- Taking depositions
- Negotiating settlements
Related: Jobs in Intellectual Property Law and What Intellectual Property Lawyers Do
Average salary for intellectual property lawyers
The national average salary for intellectual property lawyers is $152,537 per year. However, this salary may vary depending on how much experience you have and where you work. For example, an attorney who is a partner at a law firm may earn a higher salary than a junior associate who works at a university.
How to become an intellectual property lawyer
To pursue a career as an intellectual property lawyer, complete the following steps:
1. Obtain an undergraduate degree
A bachelor’s degree is the minimum education requirement to become an IP lawyer. Although acceptance into law school doesn’t require a specific discipline, some IP lawyers study engineering, which provides technical knowledge they may use for cases involving patents. Other aspiring IP lawyers study art, which helps them with court cases regarding the misuse of logos and symbols. You can also study subjects such as:
- Biology
- Chemistry
- Physics
- Economics
- Political science
- History
- English
- Business management
Read more: Types of Degrees for Lawyers
2. Take the LSAT
To gain acceptance into law school, you must pass the Law School Admission Test (LSAT), which consists of multiple-choice questions and a writing component. The score you need to earn depends on the law school you’re planning to attend.
To prepare for the test, you can complete and review sample questionnaires, which can give you an idea of the LSAT’s format, and you can devote a few hours a week to studying for two to three months before your test.
Related: How To Prepare for Law School (With Tips)
3. Earn a law degree
Intellectual property lawyers typically have a Juris Doctor (J.D.), which requires completion of law school. Law school teaches you about the legal system, and you typically learn about topics like:
- Torts
- Contracts
- Constitutional law
- Patent prosecution
- Copyrights
- Intellectual property rights
- International intellectual property
4. Acquire a license
To become a licensed IP attorney, you must pass the bar exam, which consists of multiple-choice and essay questions. The content of the exam depends on your state, and you must complete a bar exam for every state where you plan to practice law. Intellectual property lawyers also take the United States Patient and Trademark Office (USPTO) exam to become patent practitioners, which allows them to register and interact with the USPTO.
5. Gain professional experience
Employers may prefer job candidates with professional experience, so it’s important to practice your skills in a proper work environment. For entry-level positions, consider completing an internship at a law firm that specializes in intellectual property. This may give you the opportunity to observe how experienced IP lawyers handle their cases and interact with their clients.
Related: Paralegal To Lawyer: Tips for Switching Careers
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Skills of an intellectual property lawyer
Intellectual property lawyers use the following skills in their profession:
Research
Intellectual property lawyers conduct research to investigate violations of legal rights and develop legal strategies. Here are examples of situations where research is helpful:
- Determining the extent of the problem: Appropriation of intellectual property can be more subtle in some cases than others, so IP lawyers use research to determine how to build their case. For instance, if a clothing store misuses the client’s trademarked logo for its financial gain, then the IP lawyer investigates the timeline of when and how the store misused the logo and the amount of money it earned.
- Gaining background information: It’s important for IP lawyers to know everything they can about the individual or organization that misused their clients’ intellectual property. With research, lawyers can discover whether their opponents have a history of violations, which can help them strategize how to approach the case, and they can predict if the opponent may be willing to settle.
- Preparing for trial: Intellectual property lawyers research the outcomes of previous court cases that are similar to their own, and they reference the cases in court. For example, if they’re arguing a case about copyright infringement for two songs with the same lyrics, then they would use legal precedents to support why the judge and jury should support their argument.
Read more: Research Skills: Definition and Examples
Verbal and nonverbal communication
Intellectual property lawyers use the following verbal and nonverbal communication skills to interact with their clients and colleagues:
- Interpersonal communication: As experts on intellectual property law, IP lawyers explain to their clients how they plan to build and argue their case. They describe the findings of their research and the extent of the breach of intellectual property rights. They also collaborate with other legal professionals.
- Public speaking: For court proceedings, IP lawyers use public speaking skills to make their arguments. They need to know how to choose words that resonate with the judge and jury and clearly dispute their opponents’ claims.
- Active listening: IP lawyers practice active listening during court proceedings and depositions as well as when they address their clients’ needs.
Related: What are Verbal Communication Skills? (Examples and How To Improve)
Written communication
With written communication skills, IP lawyers develop legal documents, such as:
- Formal letters: On behalf of their clients, IP lawyers draft formal letters that declare ownership of intellectual property and disallow use without permission.
- Licensing agreements: Lawyers write licensing agreements that state an individual or organization has the owner’s permission to use intellectual property under specific terms.
- Assignment agreements: Clients may seek the guidance of IP lawyers to write assignment agreements that transfer the clients’ intellectual property rights to another party.
- Legal briefs: Intellectual property attorneys write legal briefs that provide details about their cases, such as the parties involved and the dispute in question.
