How to become an intellectual property lawyer

How to become an Intellectual Property Lawyer

Becoming an intellectual property (IP) lawyer requires a combination of undergraduate education, law school, and specialized training. Here's an overview of the pathway to the career:

Earn a Bachelor’s Degree
A bachelor’s degree from an accredited college or university is mandatory before entering law school. Prospective intellectual property lawyers usually select their major based on the kind of IP law which aligns with their career goals.

It is recommended that those interested in patent law complete an undergrad major in a STEM (science, technology, engineering, mathematics) field. Common areas of study include chemistry, physics, biology, computer science, or engineering, as a technical or science background is often required to sit for the patent bar exam and work in patent law.

To work in other areas of IP law, such as trademark, copyright, or trade secret law, a degree in fields such as political science, English, economics, or business is suitable.

Take the Law School Admission Test (LSAT)

• Purpose – The LSAT is a standardized test required for admission to most law schools in the US (or the equivalent in other countries). It assesses logical reasoning, analytical thinking, and reading comprehension.
• Preparation – Many aspiring intellectual property lawyers take LSAT prep courses, use online resources, and practise with sample tests.

Attend Law School

• Degree – Earn a Juris Doctor (J.D.) degree from a law school accredited by the American Bar Association (ABA) or the equivalent authority in your country.
• Curriculum – Primary subjects include constitutional law, contracts, torts, legal writing, and ethics. To build a foundation in IP law, focus on coursework related to intellectual property law, patent law, copyright and trademark law, technology transfer, and licensing and contract law.
• Extracurricular Opportunities – While in law school, participate in law clinics or research projects focusing on intellectual property law. Seek internships or clerkships with IP lawyers or IP-focused organizations.

Pass the Bar Exam

• Requirement – After earning your J.D. degree, you must pass the bar exam in the state or jurisdiction where you intend to practise.
• Focus Areas – The bar exam tests knowledge of state and federal law, ethics, and procedure.
• Preparation – Enroll in a bar review course and study intensively.
• In addition to passing the bar exam, jurisdictions may require candidates to take a legal ethics exam (such as the Multistate Professional Responsibility Examination), take an oath, and undergo a background check as part of the licensing process.

Pass the Patent Bar Exam (for Patent Lawyers)

• If pursuing patent law, take and pass the United States Patent and Trademark Office (USPTO) Patent Bar Exam. The exam tests knowledge of patent law and USPTO procedures.
• Candidates must hold a degree in a recognized science or engineering field or have completed equivalent coursework.
• Passing this exam grants the title of Patent Attorney and allows you to represent clients in patent applications before the USPTO.

Gain Experience
Work as an associate in a law firm, corporate legal department, or government agency specializing in intellectual property.

Specialize
Choose a specialization within IP law based on your professional goals. Options include patents, trademarks, copyrights, trade secrets, and licensing. Gain industry-specific knowledge by working in fields like technology, entertainment, biotech, or fashion.

For a complete list of specializations in the field, please see the What does an Intellectual Property Lawyer do? section in the career overview.

Pursue a Master of Laws (LL.M.) in intellectual Property Law (Optional)
The IP LL.M. program provides specialized training in intellectual property law, training lawyers to provide legal counsel for scientists, engineers, computer programmers, artists, musicians and writers who hope to change the world through creative work. Students gain expertise in protecting inventions, works of authorship, trademarks and trade secrets, while acquiring advanced skills in advising clients in commercializing intellectual property and litigating intellectual property cases.

Pursue a Master’s or Ph.D. in a Relevant Field (Optional)
An advanced degree in a scientific or technical field can enhance qualifications and help patent lawyers stand out, especially for those handling complex technical patents.

Continuing Legal Education (CLE)
Intellectual property law is constantly evolving, law is dynamic, so staying updated with changes in IP legislation, case law, and global treaties is crucial. Many states require lawyers to earn continuing legal education (CLE) credits throughout their careers to maintain licensure.

Certifications
There are various optional certifications available to IP lawyers that demonstrate expertise and set them apart in a competitive field. These are some notable certifications:

• Certified Patent Valuation Analyst (CPVA) – Offered by the National Association of Certified Valuators and Analysts (NACVA), this certification, which focuses on patent valuation and provides IP professionals with the skills to assess the financial value of patents, is beneficial for IP lawyers working in transactions, licensing, and litigation. Eligibility requirements include passing a certification exam and demonstrating experience in IP valuation.
• Licensing and IP Transactions Certifications – Some organizations and law firms offer certifications or special training related to IP transactions, licensing, or technology transfer.
• Board Certification in Intellectual Property Law (Florida) – Offered by the Florida Bar, this certification is designed to recognize lawyers who have demonstrated a high level of proficiency in IP law. Requirements include passing a written examination, meeting a minimum number of years of experience, and completing continuing legal education (CLE) in IP. Lawyers who earn this designation can use the title Board Certified Intellectual Property Lawyer.

Professional Organizations
In addition to the certifying bodies referenced above in the Certifications section, the following organizations and associations also support the intellectual property law sector, providing resources and opportunities for networking and education:

• American Intellectual Property Law Association (AIPLA) – This is one of the largest and most influential organizations for IP professionals in the United States. It advocates for IP policy and legislation and is open to attorneys, paralegals, law students, and other involved in IP.
• PTAB Bar Association – The PTAB Bar Association touches every aspect of patent practice and is the only community exclusively devoted to individuals who are registered to practise before the Patent Trial and Appeal Board of the US Patent and Trademark Office (USPTO).
• American Bar Association (ABA) – The ABA’s Section of Intellectual Property Law advocates for IP lawyers. It conducts IP-specific CLE programs and events and publishes the Intellectual Property Journal.
• International Trademark Association (INTA) – This global organization is open to individuals and companies working in the field of trademark law, but also covers other areas of IP. It provides information on trademarks, brand protection, and international IP issues.
• Licensing Executives Society (LES) USA & Canada / Licensing Executives Society International (LESI) – These organizations cater to professionals who specialize in intellectual property licensing and technology transfer.
• International Association for the Protection of Intellectual Property (AIPPI) – AIPPI is a global organization focused on promoting the protection of intellectual property worldwide. It advocates for the harmonization of IP laws across countries.
• World Intellectual Property Organization (WIPO) – This specialized agency of the United Nations promotes the protection of intellectual property globally. WIPO is open to governments worldwide, but also provides resources for individuals.
• The Chartered Institute of Patent Attorneys (CIPA) – CIPA is a UK-based professional body representing UK patent attorneys and professionals in IP law. It provides legal updates and case law analysis.