why shoukd.i get an.ip lawyer

Ultimately, the goal of IP is to protect these intellectual properties from misuse or theft, and to protect the owners of those rights from financial loss. However this interesting legal field may also involve the buying and selling, or sometimes even leasing, of intellectual property rights to other parties.

Full Answer

Why did you choose IP law?

Intellectual Property law - or, IP - is an important legal area, which finds itself growing in importance on a continual basis. There is a constant evolution of creative ideas in a diverse range of industries, and these are considered property much like estates, or a car. This area of law is responsible for their rights and protection.

What should I know about becoming an IP attorney?

Oct 22, 2020 · There are four key components, she says. First, there is patent law which is the law dealing with invention and technical creativity. Second, there …

Why would you hire an attorney with experience in intellectual property?

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. Another is representing a person or organization in dealings with others who are making unfair use of intellectual property.

Should I take IP courses in law school?

Jun 20, 2016 · Why Intellectual Property Law is So Popular 1. The American Economy's Current Strength is Largely Based Upon Intellectual Property If you investigate all of the intellectual property openings on our web site, you will quickly become aware that it is by far the most popular practice area in terms of where the majority of open positions are.

What is the main purpose of IP law?

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.

Why is intellectual property law good?

Why study intellectual property law? Studying intellectual property law will not only allow you to progress into an exciting and ever-evolving area of law, but will also teach you attention to detail, technical and scientific knowledge and broader awareness of areas like commercial law, creative commons and litigation.

Are IP attorneys lawyers?

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.

Is IP law growing?

It's not surprising that law firms specializing in IP filings, enforcement and prosecution are busier than ever. More than 3 million patents were filed in 2017, the eighth consecutive yearly increase. Intellectual property has long been the backbone of innovation.

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.21 Apr 2019

What skills do IP lawyers Need?

IP attorneys need strong communication skills to talk to clients, judges and other lawyers. Clear communication can help lawyers advise clients and explain legal concepts. If an IP lawyer works in a courtroom, they may also need to develop strong negotiation skills to help them reach legal agreements and settlements.7 Nov 2021

What is the highest-paid lawyer?

Medical lawyers are among the highest-paid types of lawyers and earn one of the highest median salaries in the legal field.

What type of lawyer gets paid the most?

Some of the highest-paid lawyers are:Medical Lawyers – Average $138,431. Medical lawyers make one of the highest median wages in the legal field. ... Intellectual Property Attorneys – Average $128,913. ... Trial Attorneys – Average $97,158. ... Tax Attorneys – Average $101,204. ... Corporate Lawyers – $116,361.18 Dec 2020

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 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.

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.

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 ...

Why are patents important?

Fourth, patents are by far one of the most useful means for protecting intellectual property, and companies are continually investing aggressively in the prosecution of patents. The fact that there are so few patent attorneys compounds the demand for them at most points in time.

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 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.

Why do we need IP lawyers?

As long as invention and innovation exist, IP lawyers will be needed to procure the rights to new ideas and protect the ownership of existing creations. Even recession affects other law practices, intellectual property law typically continues to thrive because people do not stop imagining.

What is IP law?

Sally Kane. Updated April 21, 2019. Intellectual property (IP) law is a growing practice area that protects creations of the human mind. These creations might include inventions that qualify for patent protection or literary and artistic works such as books, plays, music, and artwork.

What degree do intellectual property lawyers have?

In addition to all that, most intellectual property lawyers possess scientific, engineering, or technology-related degree s as well. This specialized scientific or technical education and hands-on industry experience can help IP lawyers lend their expertise to a wide range of industries, including biotechnology, pharmaceutical law, ...

Why is intellectual property important?

Intellectual property is an organization's most valuable asset. New developments in science and technology have created the need for lawyers with specialized backgrounds in these areas to help protect the intellectual capital of businesses, authors, inventors, musicians, and other owners of creative works.

Where do lawyers work?

Work Environments and Perks. The majority of lawyers work in law firms, government, and for corporations. In an age where cubicles have become the mainstay of the modern workplace, lawyers typically work in offices with four walls.

Why are lawyers important?

Lawyers are in a unique position to help individuals, groups, and organizations with their legal problems and to further the public good. Public interest lawyers champion legal causes for the greater good of society and help those in need of legal assistance who might not otherwise be able to afford attorneys.

Why do lawyers do pro bono work?

Lawyers in private practice often perform pro bono work to help low-income individuals and underserved portions of the population , such as the elderly, victims of domestic abuse, and children. In fact, many bar associations require that attorneys commit to a certain number of pro bono hours each year.

What is prestige in law?

The Prestige. A career as a lawyer has been a hallmark of prestige for generations. Impressive degrees and a certain authority over others have placed lawyers in an elite circle of professionals who command respect and embody the definition of success.

What is the role of an attorney in society?

Attorneys have stood at the center of society for centuries. They're in a unique position to affect societal change as lawmakers and thought leaders. They write the laws, rule the courts, and hold influential positions in government.

Do lawyers make big bucks?

Keep in mind, however, that not all lawyers make big bucks. It can depend on employer size, experience level, and geographic region. Lawyers employed in large law firms, major metropolitan areas, and in-demand specialties generally earn the highest incomes.

How to become a patent lawyer?

1. Obtain an undergraduate degree in any major. Law schools don’t require any specific major, or a “pre-law” designation. However, if you already know you want to specialize in intellectual property, become educated in the field or industry in which you want to protect intellectual property rights. If you want to be a patent lawyer, you should get ...

What is intellectual property law?

An intellectual property lawyer can speciali ze in patents, trademarks, copyrights, or all of the above. Patent attorneys work with inventors to file and license patents, and also litigate patent infringement suits. Trademark attorneys advise and assist business owners in registering trademarks and litigate trademark infringement suits.

What is the USPTO concerned with?

The USPTO is more concerned with your science or engineering knowledge than your legal knowledge.

How to study on your own?

If you study on your own, try to replicate test conditions, including time constraints, as closely as possible. Identify your strengths and weaknesses, and plan additional study accordingly. For example, if the logical reasoning sections are your downfall, you might benefit from logic games and puzzles. ...

How often do you take the bar exam?

The test is offered three times per year and may be taken in the state where your law school is located, even if you’re planning on practicing in a different state.

Is IP law a foundation?

Reality: FALSE. A basic foundation of IP law is much more important than a knowledge of many specialized areas. You should remember that an IP attorney is still an attorney and should know certain basic areas of law to best serve his/her client.

Is IP part of corporate practice?

Similarly, IP may be part of corporate practice, including a practice devoted to licensing; so, for a corporate career-path, classes focused on commercial transactions would be appropriate. Finally, no matter how many classes you take, there will always be new law. So, a good foundation - of both IP and non-IP courses - in law school is essential.

Does the patent bar get you into the IP arena?

In addition, for those without a science background, the patent bar does not get you entry into the IP arena because a pre-requisite to take the exam is an undergraduate science major, or its equivalent. Myth 11: I must pass the patent bar to get a patent job. Reality: FALSE.

Is it a plus or minus to pass the patent bar?

There are an increasing number of students with science backgrounds who now attend law school – and pass the patent bar. So, while the patent bar may be a “plus” factor, it is only a factor.

Is IP law hot?

It’s true that IP law is considered “hot” and that many firms are adding this to their practice area (or already have such a practice). However, that does not mean that is “easy” to get an IP job – especially if everyone is under the (false) assumption that this is the ideal job. Myth 3: It’s easier to get an IP job if you were an engineer, ...

Is IP only for geeks?

Myth 1: IP is only for geeks, or those who are recovering geeks. Reality: FALSE. IP rights include copyrights, which are owned by pop stars and entertainment companies, ranging from Oprah Winfrey, to Britney Spears and MGM Studios. In addition, IP rights also include trademarks, which are created and used by corporations in all sectors of business;

Do I need to know more science to pass the patent bar?

Myth 12: I need to know more science to pass the patent bar. Reality: FALSE. The patent bar requires that you are technically qualified. However, there is no actual science on the exam. Rather, the patent bar tests knowledge related to the rules and practice of the United States Patent and Trademark Office.

Written By

Doug Wolf works at Wolf Greenfield. He practices primarily in the areas of trademark prosecution and litigation, patent portfolio management, infringement and patentability analysis, licensing, and internet issues.

Doug Wolf

Doug Wolf works at Wolf Greenfield. He practices primarily in the areas of trademark prosecution and litigation, patent portfolio management, infringement and patentability analysis, licensing, and internet issues.

What happens if someone uses a similar mark to yours?

That can be good, of course, but if someone uses a mark that is similar to yours before you start using your mark, then they could have rights that interfere with your plans in the U.S. Obtaining a trademark registration helps prevent this from happening.

What happens if someone uses your trademark without your permission?

No one wants to deal with a lawsuit, but if someone is using your trademark without your permission, a trademark registration gives you several advantages in court. For example, instead of your being required to prove that your trademark is valid, the court will start from the position that that your mark is valid; the other side will have the burden of proving that your trademark isn’t valid. Also, US trademark law provides additional remedies for infringement of a registered trademark; in some cases of willful infringement you can receive monetary compensation or even repayment of attorneys fees.

What does it mean to own a trademark?

Owning a registered U.S. trademark entitles you to register your mark with the US Customs and Border Protection service. This is an easy process once you have a trademark registration. The Customs officers can then block goods from entering the US if they bear your registered trademark but are not authorized by you.

What happens if you register a trademark?

If you have registered a trademark that appears within a disputed domain name, the trademark registration provides evidence of your rights to the mark. Historically, the arbitrators who handle UDRP cases have looked very favorably on the owners of registered trademarks.

What is a dispute on a domain name?

Disputes about the ownership of internet domain names are common. For example, if you own the trademark LEATHERBACK and the domain name leatherback.co.uk, someone else may have registered the domain name leatherback.com before you. Many of these domain name disputes, including all disputes for .com domain names, can be resolved using the Uniform Dispute Resolution Procedure (UDRP). In some cases, a lawsuit in a US federal court is also used to seek a transfer of a domain name that was acquired by someone else in bad faith.

What does trademarking do for a company?

If you plan to work with resellers or distributors to sell your products or services, having a trademark registration lets you control your own brand. Many times, a reseller who sells products or services, especially for an international company or one based outside the US, will register the trademark of the company for whom they sell goods. They may do this either in a good faith effort to protect the brand that they are selling for you, or they may want to pressure you to continue working with them.

Why IP Law Is Growing

See more on thebalancecareers.com

Intellectual Property Crimes

IP Law: Job Duties

Education and Background

Earnings Potential