what is it like being ip litigation attorney

by Orland Roob MD 5 min read

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.

Full Answer

What does an IP lawyer do?

Just like the types of intellectual property vary, the employers of IP lawyers are equally diverse. They may be law firms, government agencies, and corporations, among many others, and IP lawyers may be employed in a variety of capacities (full-time, on retainer, etc.).

What degree do you need to be an IP lawyer?

Jun 20, 2016 · Probably the hottest practice group in all respects for the past several years has been intellectual property law. However, many attorneys have little idea (1) what intellectual property law is, (2) why intellectual property is so popular and (3) the types of intellectual property attorneys that are most marketable.

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

Sep 14, 2017 · So You Want To Be An IP Lawyer Without A Technical Background (Part 1) If you're creative with your job search and willing to go non-Biglaw, more doors will be open.

Who are the employers of intellectual property lawyers?

Nov 21, 2006 · Note that in patent litigation, where issues of patent infringement are decided in front of a court, being a member of the patent bar is not necessary, although it is a plus. To practice patent prosecution, where one works on patent applications with the Patent office seeking to have the applications become registered patents, does require ...

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What is it like to be an intellectual property lawyer?

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.

How much do intellectual property lawyers make?

Salary Ranges for Intellectual Property Lawyers The salaries of Intellectual Property Lawyers in the US range from $54,180 to $187,200 , with a median salary of $115,820 . The middle 50% of Intellectual Property Lawyers makes $102,750, with the top 83% making $187,200.

Is IP law stressful?

The higher the level of technical expertise and sophistication and the more cutting edge and valuable the IP the greater the pressure and stress. So, as most things in the legal area, ““it depends”. Extremely stressful.

Is IP law in demand?

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 intellectual property law lucrative?

Intellectual property (IP) is another hot practice area. It's growing, and its practitioners are paid well. ... Practice Panther pinpoints IP law as the top-paid practice area, with an average salary of $155,037.May 19, 2017

Why should I study intellectual property law?

It is vital to ensure IP rights are protected. ... That's why a deeper understanding of IP laws is such a powerful asset in today's business environment. It makes sense that business professionals, managers and entrepreneurs should now consider studying Intellectual Property Law as part of a Master of Business Law.Jul 18, 2019

What is the highest paid lawyer?

Highest paid lawyers: salary by practice areaPatent attorney: $180,000.Intellectual property (IP) attorney: $162,000.Trial attorneys: $134,000.Tax attorney (tax law): $122,000.Corporate lawyer: $115,000.Employment lawyer: $87,000.Real Estate attorney: $86,000.Divorce attorney: $84,000.More items...•Dec 14, 2021

What type of lawyer makes the most?

Types Of Lawyers That Make The Most MoneyMedical 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.Dec 18, 2020

Do IP lawyers have good work life balance?

The Career Stress may come in the form of long working hours, demanding clients, and tight deadlines, but that is true for any law firm. ... Most people in IP firms claim an excellent work-life balance compared to other sectors of the law.Jun 29, 2021

Is it worth becoming a patent attorney?

It's not a bad start for a career in IPR but after a point, career progression tends to hit a ceiling. If you're the kind of person who's satisfied with that job profile and limited growth prospects or can not afford to take a sabbatical from work to pursue Law school education, Patent Agent suits you better.

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.Nov 7, 2021

Is there a high demand for patent attorneys?

With rapid technological progress and new inventions, the patent attorney job outlook looks promising. According to the Bureau of Labor Statistics, there will be a 9% increase in demand for lawyers by 2026, and patent lawyers should not be an exception.

Is it hard to become a patent attorney?

Typically, it takes 4–6 years to become a registered patent attorney. ... For this reason, it is common for people to become registered patent attorneys before becoming European patent attorneys. Typically, it takes 4-6 years to become a registered patent attorney.

What field of law is most in demand?

Highest Client Growth Rates by Practice AreaInsurance: +2190% (YoY) ... Criminal Law: +1680% (YoY) ... Civil Rights: +1160% (YoY) ... Personal Injury: +660% (YoY) ... Estate Planning: +330% (YoY) ... Bankruptcy: +280% (YoY) ... Employment Law: +190% (YoY) ... Business Law: +140% (YoY) (Top growth area: Contracts)More items...•Sep 21, 2020

How do I start a career in intellectual property?

How to build a Career in Intellectual Property LawChoose a specialisation in IP Laws. ... Enroll in IP laws specialised courses. ... Plan your internships in IP specialised Law Firms/Advocates. ... Element and Geographical Preference. ... Getting an IP job is easy because IP law is 'hot' ... It is multidisciplinary. ... Litigation.More items...•Jul 24, 2018

Is intellectual property a good career?

One of the essential benefits to a career in IP law is its potential to provide exposure to interesting new developments in science, technology, and other disciplines. For people with inquisitive mindsets, intellectual property work can be particularly a compelling discipline and career to pursue.Apr 22, 2021

What is Civil Litigation?

If you talk to successful trial lawyers, they will typically agree that most cases are won or lost before the trial ever begins. It is the pretrial...

Where do civil litigators work?

Most civil litigation attorneys work in law firms. Sometimes they are employed by boutique firms that specialize in a particular type of litigation...

Who are their clients and what types of cases do they work on?

Civil litigation attorneys often represent business entities. Many of the clients I work with are very large multistate and international corporati...

What daily activities are involved in civil litigation practice?

Like most litigators, Nina Mosher says that her activities vary from day to day. Corporate litigation at our firm has become a truly diverse practi...

What do civil litigators find rewarding about their practice?

Litigation attorneys report that they enjoy the relationships they develop through their work as litigators. They find satisfaction in their work a...

How do people enter the field of civil litigation?

I knew in law school that I wanted to be a litigator, says Susan Brady. Like Jennifer, many law students decide that litigation is the right specia...

What skills are most important to civil litigators?

Civil litigators agree that strong writing skills are critical to success in the field. Good writing is the most important skill. I chose to go to...

What classes and law school experiences do civil litigators recommend?

Take civil procedure and evidence classes in law school. Beyond those classes, take classes related to the areas of litigation in which you're inte...

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.

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 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.

How was wealth created?

In its earliest days, wealth was created by simply exploiting natural resources. A great deal of wealth and development occurred from things like beaver pelts, gold, and timber, for example. Second, during the 19th century growth was fueled by the mechanization of processes to exploit our country's natural resources.

Is there a slowdown in patent law?

Patent law is without a doubt one of the most active areas for any type of recruiting in the United States, and we have seen no noticeable slowdown in patent recruiting despite the slowdown in the American economy that started in late 2000. As the American economy continues technology-oriented growth, the need for patent attorneys will follow. There are several reasons patent attorneys are in such demand:

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.

A day in the life of an IP lawyer

Hi Ken,#N#You mentioned in another thread that you practiced several years with Wilson Sonsini Goodrich & Rosati, and that you now have your own trademark practice.

IP Law - an exciting career path

Intellectual property law ("IP") consists of 3 main branches - copyright, trademark, and patent law. Copyright law deals with protecting written work (books), recordings (songs), and visual arts (paintings, etc.).

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would one need a Masters or PhD in that scientific field or just a basic fundamental understanding?

Intellectual Property Law Background

To practice trademark or copyright law does not require that one have a scientific background. However, to become a member of the Patent Bar and practice patent law does require that one have a thorough understanding of scientific principles. A Masters or Ph.D.

Intellectual Property Law - Ph.D benefits

Having a Ph.D. or Masters in a scientific field is an advantage for a patent lawyer.

Trademark Law Overview

Because I love trademark law (it is what I practice), I thought others might enjoy learning more about the basics of trademark law. Just click on the article below that I wrote to learn more:#N#http://www.registeringatrademark.com/tr ... sics.shtml#N#Overall, intellectual property law is very exciting and fulfilling for most who practice it.

IP law - except for patent law open to all

IP is a very exciting and growing field of law, so thankfully only patent law requires a Bachelor of Science (BS). Technically, only patent prosecution (where attorneys turn an application into a registered patent) requires a BS, patent litigation can be practiced by those without a BS.

Why are experiments so expensive?

However, they can be expensive because it is best to design and then conduct the initial experiments in conjunction with the expert witness retained by the party, and then it is necessary to repeat them in the presence of the opposition together with the expert (again) and the legal counsel.

Is disclosure an expensive exercise?

First, a significant amount of management and employee time will be spent retrieving documents from archives and other repositories. Traditionally, the litigation team has then spent time reviewing each of the documents in paper form , firstly to identify those relevant to points in the case and secondly to establish whether any of those documents are privileged or confidential.

Is resource litigation obsolete?

This already applies in the High Court and the Intellectual Property Enterprise Court, and it will apply to an even greater extent in the imminent Unified Patent Court.

Why is it important to have good negotiation skills?

Because such a large percentage of cases settle, it is also critically important that litigators have excellent negotiation skills. The civil litigation process officially starts with the filing and service of a complaint, the statement of the plaintiff's (or aggrieved party's) cause of action and request for relief.

What is the pretrial process?

It is the pretrial process—in which evidence is gathered, facts and case theories are developed, witnesses are interviewed and deposed, and various motions are filed, argued, and decided by the judge —which occupies ...

How many civil cases are settled without trial?

Over 90% of all civil cases are settled without having a trial. As an advocate for a client, the litigator must develop the best legal theories possible and gather the facts to support those theories; the litigator's goal is to achieve the best result at trial or a favorable settlement without a trial.

Why is negotiation important in litigation?

Because so many cases ultimately settle, negotiation skills are very important. "There are many skills important to litigation, but of particular relevance is the ability to be an advocate for your client while negotiating with plaintiff's counsel, whether in the deposition of a witness or at trial," notes Paul Eaton.

What is a litigator?

Some litigators are generalists who work in diverse areas of the law. Others are specialists in particular practice areas, such as tax, patent, antitrust, labor and employment, and torts.

What is the process of responding to a complaint?

The defendant responds to the plaintiffs complaint in a formal pleading known as an answer. The defendant may also file counterclaims, which are the defendant's own claims or requests for recovery. The parties then engage in a process called discovery. Typically, parties first engage in written discovery.

What is an interrogatory in a lawsuit?

Interrogatories, an important type of written discovery, are questions to be answered in writing, under oath, by a party in the lawsuit. Interrogatories often seek a written description of a company's organizational structure or its system of accounting and record keeping.

It is our job as patent lawyers to share some encouragement and a dose of realistic expectations about the demands of achieving success in our area of law

What advice would you give someone who says they are considering a career in patent law? That was the question I had to answer when I was contacted recently by a young fellow looking for some guidance as he prepares for the upcoming LSAT exam.

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What does it mean to be a lawyer?

Being a lawyer means being a writer. Just when you thought those law school papers were done, that's not quite the case. "I'm a litigator, which can be a bit like writing a term paper every night for the rest of your life," Devereux says.

Who developed the bar exam?

The bar exam wasn't exactly designed with everyone in mind. " Here’s the thing. The bar exam—like most academic exams in our country—was first developed by white, affluent, powerful men (a.k.a. the patriarchy) who very much wanted to retain their power," Rodgers says. While the exam and its policies have changed slightly over the years, it's still going to be a challenge to pass.

Does law school teach you how to practice law?

" Law school doesn't really teach you how to practice law," Devereux says. It turns out, you have a lot left to learn. "In the beginning, it may seem like nearly every time you are assigned a task, it's something that you've never done before," she adds. But don't worry, eventually, with more practice (pun intended) you'll get the hang of the skill set and type of law you're practicing. "The anxiety should subside after a couple of years when you've developed a decent base of skills," Devereux says.

Can you make a partner?

It's not easy to make partner (or become a part-owner of a firm instead of an employee), even if you're a top performer. "In my experience, most people I worked with did not make partner," Jamie says. Often, it's worth it to leave and go to another firm to get to that level, she admits.

Do lawyers work a lot?

" Lawyers work a lot of hours, and clients can have issues requiring your attention at any time, regardless of whether it's a weekend, holiday, or during your vacation. And, thanks to technology, you can and will be expected to respond and perform the work from wherever you are as soon as humanly possible," Devereux says. This is just kind of the reality for some types of law. Also, certain seasons are specifically busy (for example, if you're a tax attorney).

What are the common problems lawyers face?

Burnout, stress, and depression are incredibly common among lawyers. Make sure you take advantage of mental health days, vacation days, and sick days, and if you're truly struggling (or your colleagues are), consult a mental health practitioner. 15. You probably won't be rich.

Who is Mara Santilli?

Mara Santilli Mara is a freelance writer and editor specializing in culture, politics, wellness, and the intersection between them, whose print and digital work has appeared in Marie Claire, Women’s Health, Cosmopolitan, Airbnb Mag, Prevention, and more.

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