If youd like to help someone protect their innovations, creative ideas, or inventions, a career in intellectual property law might suit you. It is one of the fastest growing and exciting areas of law to explore.
Hundreds of creators make patent applications each day. Some dont know what the law says or how to go about filing. You could be the one offering guidance, helping them file applications or trademark protection, and negotiating licenses with vendors.
Before we look at the steps to becoming an intellectual property lawyer, we will look at intellectual property and law briefly.
Intellectual property (IP) law is a fascinating and fast-paced legal specialty focusing on safeguarding creative works and innovations. As an intellectual property lawyer, you get to work at the cutting edge of arts, media, technology, and business.
If you have a passion for the arts or science and desire to help creators protect their inventions, brands, designs, and works, IP law could be a rewarding career path for you. This guide will walk you through the key steps to become an intellectual property attorney.
What Does an Intellectual Property Lawyer Do?
Intellectual property lawyers help clients secure legal rights over intangible assets like
- Patents for inventions and discoveries
- Copyrights for artistic and literary works
- Trademarks for brands and logos
- Trade secrets for confidential business information
On a typical day an IP lawyer may
- Conduct prior art searches to assess patentability
- Draft and file patent, trademark or copyright applications
- Negotiate licensing and royalty agreements
- Send cease and desist letters about infringement
- Represent clients in IP lawsuits and disputes
- Provide general counsel to companies on IP issues
It’s a diverse field spanning patents, trademarks, copyrights, trade secrets, licensing, and IP litigation. You could focus on one specific area or handle a range of IP matters.
Why Become an Intellectual Property Lawyer?
There are many upsides to choosing intellectual property law as a career:
- Work at the forefront of emerging technology and media
- Help inventors, artists, entrepreneurs protect their creations
- Solve complex puzzles requiring research and analysis
- Higher earning potential than other legal specialties
- In-demand practice area with abundant job opportunities
- Variety of work settings from law firms to in-house roles
Whether you’re passionate about science and inventions or the arts and entertainment, IP law allows you to immerse yourself in these worlds every day.
Step 1: Earn a Bachelor’s Degree
A four-year bachelor’s degree is the essential starting point for attending law school and becoming an attorney.
While there are no formal educational requirements for IP law specifically, these majors are considered helpful:
- Science – Biology, chemistry, physics, engineering
- Technology – Computer science, information technology
- Business – Marketing, finance, economics
- Arts – Graphic design, fine arts, music, English
Gaining knowledge in the science, tech, business, or arts fields equips you to better understand client works and inventions.
Step 2: Take the LSAT and Attend Law School
The next major step is completing a Juris Doctor (JD) at an accredited law school. This typically takes three years of full-time study.
First, you’ll need to take the Law School Admission Test (LSAT) which is used by most law schools to assess applicants.
While in law school, there are no required courses for IP law specifically. However, consider taking classes like:
- Intellectual Property Law Survey
- Copyright Law
- Patent Law
- Trademark Law
- IP Litigation
- Licensing & Technology Transactions
These lay the groundwork for an IP law career. You can also join IP law associations as a student member.
Step 3: Take the Patent Bar Exam
If you plan to practice patent law, which involves filing patent applications for clients, you must take and pass the U.S. Patent and Trademark Office (USPTO) registration exam, also known as the “patent bar.”
This exam is different than the typical bar exam for lawyers. It covers topics like patent laws, rules, and procedures. Passing the patent bar is required to practice before the USPTO.
You don’t need to take this exam if you plan to specialize in other IP areas like trademarks or copyrights.
Step 4: Pass the Bar Exam
The next major milestone is passing the bar exam for your state. This is a requirement to legally practice law in the United States.
The bar exam is a standardized test usually taken over two days. It covers a wide range of legal topics, some of which are relevant to IP law.
Exact requirements vary by state but often include:
- A multistate bar exam with multiple-choice questions
- Multistate essay questions
- A multistate performance test with practical skills
- An ethics exam
With dedication and intense studying, you can conquer this crucial licensing test. Once licensed, you’ll be ready to start your IP law career.
Step 5: Gain Legal Experience
There are various paths to get hands-on legal experience and build your IP law expertise:
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Clerk for a judge, where you’ll research legal issues and draft opinions. Look for judges who oversee IP cases.
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Do an internship with an IP law firm while in school to gain insights into the field.
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Join a legal clinic focused on IP law, trademarks, or patents while in law school. Provide services to gain experience.
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Consider an IP fellowship or mentorship program run by a law firm. These provide training for new attorneys.
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Work at a general practice firm handling some IP matters in addition to other law. Slowly build up your IP caseload.
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Start out at an IP boutique firm to be immersed in this specialty from day one.
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Apply for IP attorney roles with city, state, or federal government agencies.
Paid or volunteer legal experience will all help build your knowledge, skills, and resume in the IP law field.
Step 6: Consider an Intellectual Property Master’s Degree
While not required, a post-law school master’s degree in IP law can give you a real edge in this competitive field.
These one or two-year Master of Laws (LLM) programs allow students to deeply focus on IP coursework. Options include:
- Master of Laws (LLM) in Intellectual Property Law
- Master of Laws (LLM) in Patent & Intellectual Property Law
- Master of Laws (LLM) in Entertainment, Arts, and Sports Law
Graduating from a top IP LLM program signals you have advanced expertise in this niche.
Step 7: Join Relevant Legal Associations
Finally, join legal associations relevant to intellectual property law. Being an active member provides networking, continuing education, mentors, and more.
Top associations include:
- American Intellectual Property Law Association (AIPLA)
- American Bar Association IP Law Section
- Licensing Executives Society (LES)
- International Trademark Association (INTA)
Leverage these professional communities to advance your IP law career over the long-term.
Landing Your First IP Attorney Role
Once you have the education and credentials in place, focus your job search on openings for IP attorneys. Entry-level roles may be titled:
- Patent Agent
- Patent Engineer
- Copyright Associate
- Trademark Attorney
- IP Litigation Associate
Ideally look for positions at reputable IP specialty firms to start. This will immerse you in IP work and provide mentoring to hone your skills.
With dedication and passion, you’ll be on your way to an intellectually stimulating career as an IP lawyer. Protecting the amazing innovations and works of creators and inventors is incredibly rewarding.
Becoming an IP lawyer requires serious commitment – passing the patent bar, acing the bar exam, gaining legal experience, and more. But the effort pays off with abundant career opportunities in this growing legal field.
If you have an analytical mindset and passion for the arts, science, technology or business, intellectual property law could be the perfect fit. Your days will be filled with challenging work and fascinating innovations. Most importantly, you’ll have the privilege of helping artists, entrepreneurs and enterprises secure and defend their precious intellectual property assets.
Should I become an Intellectual Property Lawyer?
Yes, intellectual property lawyers are some of the most sought-after professionals. You can practice on your own or get hired by an intellectual property agency or a corporate firm. If youre ethical and competent, you will always have a ton of clients streaming into your office seeking your services.
Manufacturers need corporate lawyers to protect their products from infringement. These lawyers ensure competitors are not infringing on their companys intellectual rights. Since intellectual property lawsuits can cost billions of dollars in litigation fees and compensations, every manufacturer should have an intellectual property lawyer in their payroll.
Creatives also need intellectual property lawyers to protect their products and services. IP lawyers will prosecute where others infringe on their copyright, trademark, or patents.
As you can see, there is a demand for intellectual property lawyers.
How to Become an Intellectual Property Lawyer
Chances are you want to pursue a career in intellectual property law, but like many greenhorns, dont know where to start. Dont worry. Weve outlined the steps you ought to follow to become an intellectual property lawyer.
Want to be an IP attorney?
What is intellectual property law?
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.
How do I become an intellectual property lawyer?
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: 4. Acquire a license To become a licensed IP attorney, you must pass the bar exam, which consists of multiple-choice and essay questions.
What skills do you need to become an intellectual property lawyer?
Intellectual property law It is a broad field, and pursuing a career in intellectual property law may require you to have expertise in other specialties such as trademark law, copyright law, patent law, licensing law and trade secret law.
How do I become an IP lawyer?
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.
