Vault Law Resource Center

Intellectual Property

Overview

Intellectual Property practice generally falls into one of three buckets: transactional IP, IP litigation, and patent prosecution. It is rare for an attorney to work in both IP transactions and litigation at a large firm but more common in smaller practices. Transactional IP attorneys work on transactions to license intellectual property assets or in support of M&A transactions to handle the IP-related issues in such deals. IP litigators work on disputes involving patents, copyrights, trademarks, and trade secrets. Patent prosecution involves assisting clients in obtaining patents from the Patent and Trademark Office. Patent prosecutors are required to have a science degree and to pass the Patent Bar examination. Patent lawyers evaluate whether their client’s request impinges on other intellectual property, defend against opposition to client’s applications in administrative trials, and oppose applications that impinge on the client’s intellectual property. Lawyers working in “hard IP”—patents and biotech assets—are often required to have a technical background even if not practicing before the patent bar and an undergraduate or graduate degree in science or engineering is helpful. IP lawyers need to fully understand the technologies, products, and businesses of their clients to represent their clients well.

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Practice Area Q&A’s

"Take opportunities to be uncomfortable too. In practice, you will often be asked to do things—taking depositions, running portions of a case, speaking in court—before you think you are ready because more senior members of the team know that you are. Trying things in low-stakes
practicums or moot court competitions can help you gain confidence."

— Cara Regan , Finnegan

"I am passionate about the protection of brands. My work is exciting every day because it varies so much and brings me in contact with a wide range of interesting clients. My practice also
involves finding solutions and approaches to many different challenges because it spans trademark protection, clearance, and enforcement strategies and issues, domestically and internationally."

— Lidia Lopez , Kilpatrick Townsend

"Effective writing is the most important tool for patent law. Legal writing courses can improve your abilities in that respect. For those with technical backgrounds, a patent bar training course is an efficient way to learn the Patent Office rules and procedures and core legal concepts related to patent law."

— Steve Pappas , Sterne, Kessler, Goldstein & Fox P.L.L.C.

"People often think that you need a degree in engineering or the sciences to excel in patent litigation, but I think that it’s possible to succeed regardless of your background—if you’re not afraid of technology and if you’re smart, interested, and dedicated enough to push yourself to
really learn it for each case."

— Paul Bondor , Desmarais LLP

"For someone who has a science or engineering background, I would recommend taking the patent practitioner registration examination (colloquially known as the “patent bar”) before starting at a law firm. It is a no-brainer for anyone interested in practicing before the USPTO.
Moreover, understanding how patent examination works always helps in other areas of IP practice."

— Sabrina Wang , Knobbe Martens

"Law students and young lawyers who are interested in technology can jump headfirst into this area and add value quickly; they bring a fresh way of thinking about tech and help develop more effective ways to tell stories through litigation."

— Lauren Gallo White , Wilson Sonsini

"I … work with [attorneys] without technical degrees, and they bring … skills to the table that are crucial to our success. It’s just as important to have attorneys with strong legal writing, oral advocacy, and deposition skills on your team, all of which are necessary to effectively advocate for our clients."

— Laura Moran , Fenwick