IP Recruitment & Patent Attorney Placement

FAQs About IP Recruitment & Placement

What Is Intellectual Property Law?

Intellectual property (IP) refers to creations of the mind, such as inventions, designs, and artistic works. An IP attorney practices intellectual property law, which includes patent, trade secret, copyright, licensing, and trademark attorneys. IP lawyers defend the legal rights of victims of intellectual property crimes and perform IP asset due diligence.

Patents are granted by the government and give inventors the right to exclude others from making, using, or selling their invention for a period of time.

Trademarks are signs, such as words, logos, or designs, that distinguish the goods or services of one company from those of another. Trademark law deals with the process of registering trademarks and protects against trademark infringement.

Copyrights are rights that protect literary, artistic, and musical works.

Trade secrets are information, such as a formula, pattern, compilation, program, device, method, technique, or process, that is not generally known and that gives its owner an opportunity to obtain an advantage over competitors who do not know about it.

What Is a Patent Agent?

A patent agent is an individual who is qualified to represent inventors in the preparation and prosecution of patent applications with the United States Patent and Trademark Office (USPTO), a federal agency that issues patents and registers trademarks. Patent agents are not lawyers, but they must pass the national patent bar exam administered by the USPTO. They may not offer legal advice or represent clients in court, which is reserved for attorneys who have completed law school and passed their state bar exam. A patent agent job description includes preparing and filing patent applications, evaluating the patentability of a new invention, reviewing the sale of patents or licensing agreements, identifying potential patent issues and intellectual property rights violations, and responding to USPTO communications.

What Is the Difference Between Patent Attorney and Agent?

The main difference between a patent attorney and a patent agent is in their ability to provide legal advice and representation. Only attorneys can provide legal advice and represent clients in litigation before the USPTO's Patent Trial and Appeal Board and in federal court. A patent agent is qualified to consult but is prohibited from advising a client on legal matters. Other than that, both attorneys and agents can perform most of the same tasks, including preparing and prosecuting patent applications.

How Much Do Patent Agents Make?

A patent agent salary is usually between $75k and $150k. Intellectual property (IP) law is a growing field, and patent agents are currently in high demand. This can be a financially and professionally rewarding career path for those interested in a legal career.

What Skills Do Intellectual Property Lawyers Need?

Some skills that IP lawyers need are an understanding and knowledge of the law relating to intellectual property matters, research skills, attention to detail, writing and analytical skills, professionalism, and oral advocacy skills. They will also need to work well in a team and have good negotiation and problem-solving skills. Other skills of an intellectual property lawyer include legal and scientific writing and technical knowledge to understand the intellectual property they represent.

How Do You Become a Patent Attorney?

To meet the qualifications to be a patent attorney, you must first earn a bachelor's degree, usually in a science or engineering field. When choosing your major, consider the type of patents you would like to work with so you can select a field that will give you the technical knowledge you need to understand them. Next, you must pass the LSAT (Law School Admission Test), apply to law schools, and earn a juris doctor or law degree from an accredited law school program. Finally, you must be licensed to practice law in your state by passing the state bar exam and register with the USPTO by passing the patent bar exam.

Is IP Law the Same as Patent Law?

No, IP law is not the same as patent law. IP law is a broader field that includes patent law as well as trademark, copyright, and trade secret law. Patent law is the area of law that deals with patents. Patent lawyers help inventors obtain patents and advise them on how to protect their inventions from infringement.