what is an ip lawyer?

by Grayson Collier 10 min read

Intellectual property lawyers help clients in many different ways, such as:

  • Establishing and protecting intellectual capital
  • Licensing inventions
  • Transferring proprietary technology
  • Drafting licensing agreements
  • Negotiating settlements
  • Conducting IP asset due diligence

Full Answer

How do you become an IP lawyer?

Volpe Koenig is Seeking an IP Attorney in Telecommunications

  • Responsibilities: Develop portfolio strategies and effectively communicate with clients.
  • Skills and Experience: Strong legal background.
  • Benefits: Casual Fridays and summer hours.
  • Interested Candidates: Interested candidates are asked to submit their cover letter, resume, and writing samples via email to the Executive Director, Jerry Wyckoff.

More items...

What does an in-house IP lawyer do?

In-house IP attorneys do specialize and are the experts in that area for the company. They gain a depth of knowledge in the technologies of the company for which they work and may not be expected to do other legal work.

What does an intellectual property attorney do?

What Is Intellectual Property Law?

  • Copyright. A copyrighted work must exist in a physical medium. ...
  • Patent. Design patents — protect the physical manifestation of a product, such as its unique ornamentation or shape.
  • Trademark. A trademark may be a word, phrase, design or symbol that identifies the source of a good or service, according to the USPTO.

What is the average term of a lawyer?

Lawyers, also referred to as attorneys or counselors, are licensed by the state in which they practice to advise and represent clients on legal matters including animal rights. They can represent individuals, groups of individuals as a single, litigating party, businesses, or even the government.

What exactly do IP lawyers do?

What do IP lawyers do? IP lawyers play a variety of critical roles related to the protection of intellectual property. In some capacities they act as advocates representing clients in court proceedings. They also serve as advisors, counseling clients about intellectual property matters.

What does IP mean in law?

intellectual propertyIn general terms, intellectual property is any product of the human intellect that the law protects from unauthorized use by others. The ownership of intellectual property inherently creates a limited monopoly in the protected property.

What does an IP lawyer do on a daily basis?

Intellectual property lawyers counsel their clients on establishing and protecting intellectual capital. Most IP law practices handle matters such as patents, copyright, trademark law, licensing, franchising, distribution, technology transfers, and trade secret projects.

Is IP law a good field?

The intellectual property field is among the most important legal fields in the United States because the involvement of intellectual property attorneys has been integral to the expansion of the economy in this country. The most demanded specialty of intellectual property law is patent law.

What is considered IP?

Intellectual property (IP) refers to creations of the mind: inventions; literary and artistic works; and symbols, images, names and logos used in commerce. Businesses are often unaware that their business assets include IP rights.

What does an IP right in title a person with?

An intellectual property (IP) right entitles a person an exclusiveness for their own innovative idea or an invention which they want to protect for a specified time period. All that is intellect-driven is protected under intellectual property rights.

Is being an IP lawyer stressful?

Stress may come in the form of long working hours, demanding clients, and tight deadlines, but that is true for any law firm. You may enjoy the job aspect where you interact with clients and their creative ideas, discussing their invention, and researching the likelihood of successfully attaining a patent.

What is the highest paid lawyer?

Highest paid lawyers: salary by practice areaTax attorney (tax law): $122,000.Corporate lawyer: $115,000.Employment lawyer: $87,000.Real Estate attorney: $86,000.Divorce attorney: $84,000.Immigration attorney: $84,000.Estate attorney: $83,000.Public Defender: $63,000.More items...•

What degree do I need for IP law?

bachelor's degreeObtain 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.

Is intellectual property law lucrative?

Yes, IP lawyers are very much sought-after. In fact, the demand has never been higher, as more and more businesses are dealing with protecting their intangible assets, ideas, and patents. A: Intellectual property law jobs are based on protecting intellectual property, be it a trademark, patent, copyright, or license.

Is becoming a patent lawyer worth it?

However, going to law school and passing the bar exam leads to an even more lucrative career as a patent attorney. Patent attorneys typically earn more than $133K a year, while the median salary for careers in engineering does not pay anything comparable to that amount unless you are an experienced petroleum engineer.

Is it hard to become a patent attorney?

To qualify it takes on average five years... there are a series of exams you'll have to take and the pass rates are pretty low so they are hard! But obviously passable and the more you pass the higher your salary becomes.

What do IP lawyers do?

One common task IP lawyers do is preparing documents needed to file for patents or trademarks, and then working with patent and trademark offices in the U.S. and around the world to attain those patents and trademarks.

Where do IP lawyers work?

Much of the work IP lawyers do is a far cry from the dramatic courtroom battles seen in movies and television. Rather, most spend time in offices and other locations where they review or produce important documents, conduct interviews, and complete painstaking analyses of often highly technical material.

How much does an intellectual property lawyer make?

For lawyers in all fields, the median annual pay is approximately $120,000, according to the U.S. Department of Labor.

What are the majors for IP law?

Common undergraduate majors among non-patent IP law students include history, political science, sports or business management, English, art history, and economics. If you're nearing completion of a bachelor's degree but had not previously planned on applying to law school, it’s not too late.

What is an advanced degree in law?

Advanced degrees are generally pursued by those who hope to teach law or conduct scholarly research.

What is IP law?

An IP lawyer specializes in and practices intellectual property law, which involves rules for securing and enforcing legal rights to inventions, designs, and artwork. The law also secures assets like personal property and real estate.

How do intellectual property lawyers help clients?

Intellectual property lawyers help clients in many different ways, such as: Establishing and protecting intellectual capital. Licensing inventions.

What are some examples of inventions that qualify for patent protection?

The expansion of intellectual property law secures the creations of human thought that feature inventions that qualify for patent protection such as: Literary and creative works like books, performances, music, and artwork. Product names, slogans, logos, and packaging. Symbols, names, pictures, and designs utilized in commerce.

Why do inventors want patents?

Inventors want a patent because of the commercial advantages that come with the right to exclude others. The main reason for researching an invention is because of the fast recovery of the costs or gaining profit from exploiting the invention commercially. One can commercially exploit a patent in two ways:

What is a plant patent?

Utility patents are issued for inventions that are useful. A patent is a document that the federal government issues that gives the owner all rights to keep others from using their inventions.

Why is intellectual property important?

Intellectual property law is very important. Because of developments in science and technology, the demand for lawyers who specialize in this field continues to rise. Intellectual property lawyers help organizations protect the rights of businesses, authors, inventors, musicians, and other artists.

What is trademark law?

Trademark law protects logos, symbols, or phrases used to differentiate products from each other. A trademark holder can go to court and acquire an injunction to prevent the further use of their protected trademark.

What is an IP attorney?

An IP attorney is a lagal professional who practices intellectual property law, which ensures companies and individuals have ownership rights over their invented or created materials. IP law includes six different areas:

What does an IP attorney do?

An IP attorney works to protect intellectual properties. Their responsibilities may include:

Average salary for an IP attorney

The national average salary for one type of IP attorney, a patent attorney, is $150,802 per year. The salary for an IP attorney varies depending on their area of focus, geographical location and level of experience. This career often has additional benefits such as health insurance, stock options and commuter assistance.

Requirements to become an IP attorney

IP attorneys must meet certain requirements before they can practice law. These requirements vary depending on location and the type of IP law, but they typically include the following:

Important skills for an IP attorney

In order to be successful, IP attorneys should have the following skills:

Work environment for IP attorneys

IP attorneys can work in several environments. Some law firms hire IP lawyers to specialize in patents or licensing cases. These lawyers can specialize in one or multiple types of IP law. Some lawyers work to become partners or business owners for their law firms.

Intellectual Property

"A category of intangible rights protecting commercially valuable products of human intellect. The category comprises primarily trademark, copyright, and patent rights, but also includes trade-secret rights."

Patents

Whoever improves, invents, or discovers a new and useful process, the machine, or similar, may obtain a patent for it. There are three types of patents:

Copyright

A copyright provides protection "in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device."

Trade Secrets

Is the information of independent economic value due to it being generally unknown;

How Do I Become an Intellectual Property Attorney?

The practice of intellectual property law can be highly technical. A bachelor's degree in engineering or the sciences is beneficial. In addition to a law degree and bar membership, an LLM in intellectual property is also beneficial for this career choice.

What does IP lawyer do?

However, if someone is persistent in breaking the law, the IP lawyer may seek litigation for either a remedy or compensation on behalf of the owner.

What is intellectual property?

Intellectual property is the backbone for many business owners, and this means numerous lawyers are hired to assist with company matters. The role of an intellectual property lawyer may be different since the advent of technology increases and computers revolutionizing the business world, and this means a heightened awareness ...

When is a lawyer needed?

When intellectual property is either the backbone of the company or may be violated through standard use within the business, a lawyer is almost constantly needed to field potential disaster away from the owners and managers.

Why is it important to have a lawyer?

One of the most important is safeguarding the IP from infringement. This means keeping trademarks, copyrights and patents up to date ...

What is intellectual property?

Intellectual Property is a Term Encompassing Several Different Fields. On a daily basis, attorneys call us and say they want to do intellectual property law. We are always interested in talking to an attorney with experience in intellectual property law because it is, generally speaking, one of hottest practice areas in the United States.

What is the most demanded specialty of intellectual property law?

The most demanded specialty of intellectual property law is patent law. For the most part, patent attorneys are exceedingly marketable if they have the right backgrounds. This is due to the fact that there are so few of them and that the work they do has been expanding at a rapid pace.

Why is intellectual property important?

The intellectual property field is among the most important legal fields in the United States because the involvement of intellectual property attorneys has been integral to the expansion of the economy in this country. The most demanded specialty of intellectual property law is patent law. For the most part, patent attorneys are exceedingly ...

What is copyright law?

Copyright law protects the creators of expressive works, such as artists, photographers, writers and musicians, and gives them the exclusive right to protect how their works are used. It is important to note that, unlike trademark law, copyright law does not protect names or titles, for example.

What is trademark law?

Licensing. Trademark Law. Trademark law protects words, phrases, logos or symbols used to distinguish one product from another. In circumstances where a competitor uses a protected trademark, the holder of the trademark can go to court and obtain an injunction to stop the use.

What is the greatest demand for attorneys?

In terms of demand, the greatest demand is for attorneys with backgrounds in electrical engineering or computer science. There is also a strong demand for attorneys with biotechnology, biochemistry or organic chemistry backgrounds. The lesser demand is for those with mechanical or chemical backgrounds.

Is intellectual property law hot?

However, "intellectual property law" is a very general term of art. There are many types of intellectual property law - and many areas of intellectual property law are not "hot" at all.

What is intellectual property?

Intellectual Property law deals with laws to protect and enforce rights of the creators and owners of inventions, writing, music, designs and other works, known as the "intellectual property." There are several areas of intellectual property including copyright, trademarks, patents, and trade secrets.

What is copyright law?

Copyright law protects the rights of creators in their works in fine arts, publishing, entertainment, and computer software. The laws protect the owner of the work if others copy, present, or display the owners work without permission.

What is the process of filing a patent?

In the case of a trademark or patent, the process involves preparing and filing an application with the United States Patent and Trademark Office (PTO) and responding to actions issues by the PTO until the trademark is registered or patent issues. Finally, enforcement of intellectual property involves protecting the owner ...

What is a patent owner?

The patent owner has the right to protect others from producing, using, distributing or importing the protected item. Essentially the patent is a property right that can be licensed, sold, mortgaged or assigned. Trade secrets are business practices, formulas, designs or processes used in a business, designed specifically to provide ...

What is trademark law?

Trademark law protects a word, phrase, symbol or design that is used by an entity to identify its product or service. Examples are Dunkin Donuts orange and pink sausage style lettering, Apple’s apple logo, and Adidas’ three stripes.

What is the Lanham Act?

Federal and state laws govern trademarks but the Lanham Act is the primary source of trademark protection. These laws protect against infringement and dilution.

Education and Background

Intellectual Property Law

  • Intellectual property law has six sections: 1. Trademark Law 2. Copyright Law 3. Patent Law 4. Trade Secret Law 5. Licensing 6. Unfair Competition The expansion of intellectual property law secures the creations of human thought that feature inventions that qualify for patent protection such as: 1. Literary and creative works like books, performanc...
See more on upcounsel.com

Trademark Law

  • Trademark lawprotects logos, symbols, or phrases used to differentiate products from each other. A trademark holder can go to court and acquire an injunction to prevent the further use of their protected trademark.
See more on upcounsel.com

Copyright Law

  • Copyright lawprotects photographers, writers, artists, musicians, and other creators of original works of expression. It offers the unique ability to help creators guard the use of their works. It is very important to understand that, unlike trademark legislation, copyright legislation doesn't protect the title of a specific work, just the content of the work itself. Copyrights last for the lifeti…
See more on upcounsel.com

Patent Law

  • The inventor of a product is given every right to use or to sell his inventions. It is protected by a patent. The functional features of a process, machine, manufactured item, asexually reproduced plant, or composition of matter can be protected by patent. The United States Patent and Trademark Office (USTPO) will not grant a patent unless it is non-obvious and novel. The USPT…
See more on upcounsel.com

Conditions Under Which A Patent Is Granted

  • A patent will be granted if the inventor files within a year of certain acts (by the inventor or others), which place the invention in the hands of the public (i.e., patented or published anywhere in the world, on sale, or in public use within the country). It must be a new, useful, and unobvious invention of proper subject matter. Some foreign countries may not have the one-year grace peri…
See more on upcounsel.com

Why Obtain A Patent?

  • Inventors want a patent because of the commercial advantages that come with the right to exclude others. The main reason for researching an invention is because of the fast recovery of the costs or gaining profit from exploiting the invention commercially. One can commercially exploit a patent in two ways: 1. The inventor patents the invention directly to obtain an exclusive …
See more on upcounsel.com

How Is A Patent obtained?

  • An inventor can obtain a patent through the United States of Patent and Trademark Office. The inventor must seek help from a patent lawyer before starting a process because of the complex legal rules.
See more on upcounsel.com

Trade Secret Law

  • The trade secret laws protect valuable business information that gives an advantage to a company. The information must be unique for consideration as a trade secret. That means that others in the industry mustn't already know this information. If the trade secret owner wants to protect his "secret," the courts will grant protection from spies, competitors, employees, and any…
See more on upcounsel.com

Licensing Law

  • A license gives the holder permission to do, own, or use something. Typically, licenses give the license-holder the right to: 1. Breed something that would otherwise be protected. 2. Distribute copies of the work to others by sale, lease, or rental. 3. Display the work. 4. Organize by-product works from the unique work utilizing protected expression from the unique work.
See more on upcounsel.com