Chapter VI. Employment Opportunities For Intellectual Property Lawyers
Where there is creativity or innovation, there is a need for intellectual property lawyers. Their services are in demand across the U.S. and around the world. To the extent that headquarters of corporations (which are often at the forefront of innovation) tend to cluster in metropolitan areas, so do intellectual property lawyers. The Washington, D.C. area-home of the Patent & Trademark Office, the Copyright Office, and the Court of Appeals for the Federal Circuit-offers many opportunities. Regions with a high concentration of technically advanced companies, such as Silicon Valley in California, also tend to have a high demand for intellectual property lawyers.
As noted in previous sections of this brochure, intellectual property lawyers work in a variety of settings, including corporations, law firms, universities, and government agencies. Although the law is the same regardless of the setting, there are some notable differences in the type of work an intellectual property lawyer encounters in each setting.
Corporations
Many corporations hire intellectual property lawyers as in-house counsel. These lawyers develop an expertise in the technology of their corporations, and are often intimately involved in business decisions relating to the protection of intellectual property and other related matters. Corporate intellectual property lawyers often work with attorneys in law firms on litigation and other matters that are referred out for purposes of obtaining additional help or expertise.
The type and variety of corporate work is dictated by the business of the corporation. Larger high-tech corporations will often have a staff of intellectual property lawyers drafting prosecuting patent applications. A company heavily involved in marketing consumer products will often have in-house lawyers handling its trademark matters. Book publishers and record companies are likely to have lawyers on staff specializing in copyright law. Regardless of the business, corporate work tends to be comparatively focused, because the corporate lawyer has only one client, the corporation.
Law Firms
Many law firms throughout the U.S. specialize in intellectual
property law. In addition, many large general practice firms
have intellectual property law departments. A law firm will usually
have a wide variety of clients and will therefore practice intellectual
property law across a wide spectrum of technologies. To accommodate
these diverse needs, many intellectual property firms hire attorneys
with as many different technical backgrounds as possible. Most
intellectual property litigation is handled by law firms, because
the litigation expertise and necessary personnel are usually not
available in a corporate legal department.
Although not uniformly true, it is often the case that law firms
pay intellectual property lawyers more than corporations pay.
However, the workload tends to be correspondingly heavier in law firms. Many law firms have a weekly or monthly goal for the number of hours that the lawyers should bill. Given the pressures of working for several different clients, many of whom have projects with overlapping deadlines, practicing in a law firm can be quite demanding.
Universities
Universities employ intellectual property lawyers, especially those universities which are heavily involved in research and development. University intellectual property lawyers work with the university's scientists and researchers in identifying inventions with commercial potential. While some universities handle patent prosecution themselves, many rely on law firms for that purpose. The university's intellectual property lawyers then assist in the commercialization of the invention, transferring the patented technology through licensing or assignment.
A small number of teaching jobs in intellectual property law are available at law schools. A law professor has the opportunity to work with highly qualified and interested law students, as well as the opportunity to research and write articles on intellectual property law. Usually these positions are highly desired and difficult to obtain; successful applicants tend to have strong academic credentials as well as working experience in the intellectual property field.
Government Agencies
The federal government employs numerous intellectual property lawyers within its different agencies. The USPTO, part of the Department of Commerce, is the principal employer of intellectual property lawyers. Although the patent examiners who review patent applications are only required to have technical backgrounds, some have law degrees as well. The trademark examiners employed by the USPTO to review trademark applications are required to have a law degree. Intellectual property lawyers are employed in other administrative areas within the USPTO.
Other departments of the federal government employ intellectual property lawyers as well. The Department of Commerce employs intellectual property lawyers to assist in matters involving international trade. Other potential employers include the Department of Defense, the Department of the Interior, and the Department of Energy. Intellectual property lawyers in these departments prepare patent applications and are also involved in administering and negotiating rights to inventions made pursuant to government contracts. The U.S. Copyright Office hires intellectual property lawyers in various capacities. The Department of Justice hires intellectual property lawyers to represent the government when intellectual property matters are litigated on behalf of government agencies.
The wide variety of job opportunities available to intellectual property lawyers allows each person to choose a practice best suited to that person's goals, needs and lifestyle choices.



