What is Intellectual Property?
First of all, it is important to realize what intellectual property is. This can be anything that is created by a person and it can often be intangible. For example, it can be a design, song, image or even a symbol. Thus, it is something that is a creation of the mind.
In particular, you are going to find that there are six areas of intellectual property law.
Patent Law
If someone has a new invention, it is likely that they will approach an attorney in order to protect their new and novel ideas. The last thing anybody wants is for someone to copy what they are doing. Patent law is in place to protect this from happening. A new and useful invention can be granted rights for around 20 years and this means that the inventor will have to sell the rights to somebody else. With new inventions happening all the time, if you are an intellectual property lawyer in this area, you are sure to be busy.
Trademark Law
A lot of businesses use trademarks so that they can stay unique and separate their brand from others like them. Thus, you will notice that large brands like Coca Cola and Budweiser have trademarks to protect their businesses. Of course, it is not just the large companies that have trademarks. Smaller businesses want them to and every day, people are securing their investments. This means that you can stay busy as an intellectual property attorney specializing in trademark law.
Copyright Law
Every day, people are coming up with new ideas and making creative works. This can be anything from art to writing a book. Indeed, everybody owns their ideas and you need to protect them so that they are not copied by others. This is where copyright law comes into play. This is going to protect your creative works and you have certain rights stemming from them. As an intellectual property lawyer, you are going to be advising on copyright law and how it can be used for protection.
Trade Secret Law
Trade secret allows for the protection of information that offers a competitive advantage or economic gain to a company. Therefore, the law can be used to protect devices, techniques or designs that someone has created and that they want to keep secret. As a type of intellectual property, this is something that an attorney can help with.
Licensing
Another type of intellectual property is a license. This can be set up between someone that has created something and they wish to allow another person to use it on their terms. Thus, a license will be set up between them and this can stop any unwanted infringement of intellectual property rights. An attorney is going to be the professional that creates this license and ensures that it represents their client fairly and as they want it to.
Unfair Competition
Unfortunately, not all businesses will be fair to others. For example, they can be deceptive and fraudulent, which creates unfair competition. When you are an intellectual property attorney, this may be something that you have to deal with. You may be involved with litigation and representing your client if they are affected by unfair competition.
Growth in Intellectual Property Crimes
Modern technology means that there has been a growth in intellectual property crimes happening across the world. In particular, the freedom of the internet is a wonderful thing. But it also allows for easily committing this type of crime. This can include problems such as piracy and cybersquatting. Therefore, there is a growing need for intellectual property attorneys to take care of this problem.
In addition, with more intellectual property available, people are also looking for advice and representation to protect their rights. It is a fast-growing legal niche and if you have specialized knowledge in this area, you can have a very successful career. Indeed, a lot of organizations now class intellectual property as their most valuable asset. They are willing to pay for someone to look after their scientific or technological assets in order to ensure their business is protected. This is everyone from inventors and brands down to authors and musicians.
What are the duties of an Intellectual Property Attorney?
As an intellectual property attorney, you are going to have a lot of different duties. Every day may be different for you. However, your primary role is going to be advising and representing clients when it comes to their intellectual capital. It will be your duty to protect it on their behalf. You will have to do this in a variety of ways. For example, this may be through licensing, trademark law or any of the areas that we have already discussed. Again, this is going to everything from drafting licensing agreements to negotiating settlements. Dealings can also happen with the U.S. Patent and Trademark Office and the International Trade Commission.
What Skills Do I Need?
If you want to become an intellectual property lawyer, you are going to need a lot of skills. This is going to make the job easier and more enjoyable for you. But the good news is that you can learn and get better as these skills through practice.
One of the main skills you need is analytical and lateral thinking skills. It will be necessary to look at difficult and complicated information and work out the best way to deal with it. In particular, if you have experience with technological or scientific information, this is going to be an advantage. In addition, you will also need excellent communication skills. This is going to allow you to advise clients and speak to your colleagues about your work. Moreover, you may be required to converse with the U.S. Patent and Trademark Office and the International Trade Commission. Other personal traits that are going to be necessary include being determined, hardworking and confident.
What Education and Experience Do I Need?
In order to become an intellectual property attorney, you are going to need a law degree and to attend law school. It is essential that you have this qualification in order to serve the public, as well as passing the bar exam in your chosen state. Most of the time, intellectual property lawyers will also attain another degree prior to law school. Often, this is going to be something that is related to technology, science or engineering. This can allow someone to consider being an intellectual property lawyer as a career. Thus, you may start out with one of these degrees and find yourself learning towards practicing law later down the line.
Of course, you may work in another industry for a number of years before going to law school and getting your legal degree. This is another option that a lot of people take. Having a few years of experience in a scientific, technology or engineering industry can be beneficial to give you a background before going into the legal sector.
Can I Make a lot of Money?
Working as an intellectual property attorney has a lot of potential. Indeed, this means that you have the opportunity to make a great salary and enjoy a high standard of living. For example, the average salary you can earn per year as an intellectual property attorney is around $159,000. This is very generous compared to other areas of law. For example, some attorneys working in criminal law can earn an average of $65,000 a year, with more hours and a lot of stress and responsibility. Therefore, while being an intellectual property attorney is not easy, it can come with a lot of financial rewards.
Of course, it is important to remember that your salary is going to be dependent on a lot of factors. For example, you may be offered more money depending on your qualifications and experience. Your salary can also depend on your track record and the location of the practice or firm you are working for. For instance, you will find that working in a metropolitan area will often pay more than having a job in a rural area. Therefore, the salary range you can expect when you become an intellectual property attorney is between $142,000 to $173,000.
