IP Lawyer - Everything you Need to Know

An IP lawyer deals with the protection of intellectual property that involves inventions, designs and other pieces of work by an individual or firm. Intellectual property law also involves securing assets such as personal property and real estate. These tasks are quite intricate and elaborate. An IP lawyer requires following several steps to enforce and safeguard legal rights for intellectual property. Let us have a closer look at the profile of an IP lawyer, the qualification required to practice this profession and more.

Educational Qualification and Work Experience – IP Lawyer

In order to practice as an intellectual property lawyer, one requires acquiring various degrees and certificates. Here is a detailed look at the educational qualification requirement of IP lawyers:

  • Bachelor’s Degree in Law

  • Bachelor’s Degree in Electrical Engineering, Computer Science, Chemistry or related field.

  • Clear the Patent Law Bar Examination

  • Law firms prefer candidates with experience in prosecuting patent assets, developing patent strategies and due diligence.

  • Candidate must possess thorough knowledge about technical, legal and scientific aspects of intellectual property.

  • Candidate must have good analytical skills, good communication skills, and the wit to handle tricky questions.

The Role and Responsibilities of IP Lawyer

An IP lawyer’s profile involves numerous job duties and responsibilities. Here is a look at the various tasks handled by them:

  • Offer legal advice on intellectual property rights. This includes licenses, patents, trade secrets, trademarks, and copyrights.

  • Enforce legal rights to protect the intellectual property of clients.

  • Conduct legal and technical research to collate evidence to support their case.

  • Draft licensing agreements

  • Provide rules and regulations to clients for additional protection of intellectual property.

  • Enforce statutory, regulatory and contractual obligations to ensure the protection of intellectual property.

  • Represent clients in court proceedings for matters pertaining to intellectual property.

  • Represent case before the patent examiner.

  • Prepare patent applications.

  • File application for a trademark.

  • Stay abreast of any changes in the legal rights related to intellectual property.

  • Negotiate settlements.

What do Intellectual Property Lawyers Protect?

Here is what the intellectual property lawyers protect:

  • Creative works such as books, music and various other forms of artwork

  • Trade secrets such as trade techniques and anticipated launch of a product

  • Product related information such as product name, logo, symbols, design and punch lines

Intellectual Property Law

In order to understand the need and the work of intellectual lawyers, it is essential to know the intellectual property law. Here is a look at the six sections of the intellectual property law:

  • Patent Law

Patent law is enforced to protect a product. The inventor of the product can use it to safeguard his invention. Three types of patents are issued. These are the:

  • Design patents to protect the unique design of a device.

  • Utility patents for useful inventions.

  • Plant patents for certain kinds of plants.

Patent rights last up to 20 years from the application date.

  • Copyright Law

Copyright law is enforced to safeguard the work of musicians, painters, writers, and other artists. It gives them a legal right to safeguard their original content. Anyone who copies their copyrighted content can be dragged to the court. Copyrights last as long as the creator lives.

  • Trade Secret Law

This law ensures the protection of valuable business information. Anyone leaking the confidential business information or using it for his benefit can be sued by the business owner. 

  • Trademark Law

Trademark law has been put in place to protect symbols, logos, and phrases. A trademark holder can sue the party who uses his protected trademark.

  • Licensing

The license provides the holder with the following rights:

  1. Display work

  2. Raise something that is otherwise safeguarded.

  3. Provide copies of work by lease, rent or sale.

  • Unfair Competition

It provides protection from fraudulent acts such as trademark infringement, unauthorized substitution, misuse of trade secrets, false advertisement, and trade defamation.

The Demand for IP lawyers

The demand for IP lawyers is on an all-time high. This is because of the growing competition in the market and also owing to the advancements in the field of science and technology. Business owners and artists have begun to recognize the importance of safeguarding their inventions and work. The same is done by the enforcement of intellectual property law. This is the reason for the growing demand of IP lawyers these days.

The requirement of IP lawyers is only going to increase in the times to come. This is because inventions are a part of our development.

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