Additional IP Career Thoughts

Can you really practice intellectual property law without a technical degree? Yes! You can!

‘One of the posts that I get the most email about — even more than 18 months later — is this one on career advice for those without a technical background (also, the second part to that, plus one on IP and public interest law, and more career advice). Students (both law students and undergrads considering law school) and recent graduates often reach out with questions and seeking advice, particularly those looking to start a career in intellectual property in the non-profit space or policy world.  Unsurprisingly, a large percentage are students with no technical background but a strong interest in intellectual property. 

I am by no means an expert on career advice, but here are some of my own opinions as well as some of the advice I’ve received myself.

Can you really practice intellectual property law without a technical degree?

Yes.  I covered it in that first column I mentioned.  You can absolutely practice copyright, trademark, trade secret, and patent law even without a hard sciences or engineering background.  While you’re much more marketable with a technical degree if you’re interested in patent law, don’t let your bad choices in undergrad (such as mine to switch from mechanical engineering to English) hold you back.

No, really.  You must mean copyright or trademark law, not patent law, right?

Many students make a mistaken assumption that the only type of intellectual property open to those who went the humanities route is copyright or trademark law.  Certainly, there are types of patent law practice that do require a technical background, namely any type of practice that requires a patent bar.  You (generally) can’t do patent prosecution before the USPTO Patent Trial and Appeal Board (PTAB), but I know plenty of patent litigators who have majors in English, Political Science, Communications, or some other similar background. Also, don’t forget the policy world, which definitely does not require a science/engineering background.

How do you network?

Sponsored

The flippant answer is: any way you can.  Seriously, though, there are endless opportunities for networking, both generally as well as in an intellectual property-focused way.  The ABA has numerous committees and subcommittees, which often host conferences and meetings.  Join the committee in the practice area you’re more interested in and reach out to leadership of those committees, who are generally pretty willing to help.  There are specific organizations, like the Copyright Society of the USA, or state bar association sections on intellectual property that are also worth exploring.  The caveat, of course, is that most membership organizations and associations require payment, but many have reduced fees for students and newer graduates.  It goes without saying, I assume, that it’s not enough just to join these groups — you actually have to engage by going to meetings or volunteering.

Aside from targeting intellectual property-focused groups, use your existing network.  Reach out to alumni from your law school and your undergraduate school.  Ask your professors if there’s anyone who they recommend you talk to; they might be aware of alumni in your practice area or alumni in the cities you’re interested in.  Professors are a great resource and in my personal experience, even more than a decade out of law school, I’ve found that they’re consistently willing to help, engage, and provide useful advice.  In the past couple of weeks, I’ve exchanged emails with some of my former professors, who have been extremely gracious with tips, contacts, and advice as I explore my own career moves.

Expand even farther than the law school world.  Ask your family or friends if they know individuals who you can reach out to.  Think beyond those in law firms or non-profits and see if you can find a connection in-house somewhere; many in-house counsel work on trademark or copyright issues in addition to corporate governance, employment, or other issues (depending on the size of the company and GC’s office)

Use LinkedIn to search for specific connections to see who in your current network can connect you with someone you’re interested in chatting with.  Use LinkedIn to find attorneys in the city you’re targeting.  Use LinkedIn to find alumni.

Additionally, it helps to show that you’ve thought about intellectual property through articles, blog posts, and comments on listservs.  If your name is out there, folks who you ask for help might recognize it or easily find what you’ve written, which can be helpful in these settings.

Sponsored

In general, I have found that other people are generous and happy to help.  While you certainly don’t want to waste anyone’s time, I’ve always been surprised with how gracious people are with both their time and advice.

How do you ask for an informational interview?

I have sympathy for those who struggle in asking for an informational interview.  I’ve been there.  As I’ve been doing a lot of my own networking recently, I understand how awkward it can be to ask for a busy professional to take time out of his day to give you advice.  I understand that even as you’re looking for a job, you don’t want to make it sound like you’re asking the person you’re reaching out to for a job.

And yet, nothing ventured, nothing gained.  All you can do is ask and if the person says no or (more likely) ignores your request, then try someone else.

In requesting an informational interview, leverage your network, if you can.  Ask your professors, friends, and other attorneys you’ve met who they know practicing in intellectual property.  Ask if you can drop their name in requesting an interview or, better yet, see if they will facilitate an introduction on your behalf.

In sending out cold emails, identify why you chose the particular person to reach out to.  Did you see an article he wrote?  Did you see her speak at a conference?  Is there a particular case you’ve been following that this attorney litigated?  If you’ve met, even briefly, say when/where it occurred.  Explain what you hope to get out of the informational interview.

What internships are available for someone interested in intellectual property?

As I’ve explained before, I have no useful advice for someone who wants to practice intellectual property in a law firm.  Luckily, most career service offices are geared toward helping students find jobs in firms.  There are, of course, firms with strong practice groups in intellectual property, as well as a number of boutique firms that specialize in intellectual property.

Aside from that, take a look at some of my suggestions on public interest intellectual property careers here. Many smaller organizations might take on interns even if they don’t have those opportunities listed on their website.  Reaching out to individuals in organizations you’re interested in to see if they’re hiring interns (particularly if you’re bringing your own funding with you) is a good idea.  Several of the interns I’ve had in the past reached out directly to ask about such opportunities or had someone reach out on their behalf.  Also, don’t forget government positions as well, such as at USPTO or DOJ in divisions that focus on the type of intellectual property you’re interested in.

What types of clubs are useful to join?

Whatever clubs interest you.  Seriously, enjoy law school.  Enjoy the freedom to explore.  Perhaps you’re generally (or very) interested in intellectual property, but it never hurts to explore other areas.  When I was in law school, I honestly did not think I would end up practicing intellectual property law.  The benefit of intellectual property law societies include the events where you might be able to network with speakers.  I also encourage students to think broadly because intellectual property touches a number of areas: entertainment, sports, technology, marketing and advertising, communications, etc.  If there are clubs related to these, you might check them out, too.

Should I go into Biglaw or the non-profit sector?

Because I’ve spent my career in the non-profit sector, students who reach out to me often ask this question.  The answer, of course, is a personal choice.  One thing I wish I had known when I was in law school is just how difficult it is to move from non-profit to Biglaw.  The advice I received when I was a student was that in order to get a public interest job, you had to show dedication to public service.  However, I’ve known plenty of individuals who spent a few years in a large law firm before moving to the non-profit sector or government.  I know far fewer that have made the reverse move, though those who have successfully transitioned from non-profit to the private sector have generally been litigators.

There are obvious benefits to the non-profit sector and if you’re truly committed, then go for it.  Keeping in mind, of course, whatever student loans you have, the loan repayment options open to you, cost of living, and the actual salary of the non-profits you’re targeting.  Unfortunately, the non-profit salaries vary dramatically.  For starting salaries for non-profit sectors in major cities (DC and SF), I’ve seen them range from $35,000 to $90,000 — that’s a huge difference and very much dependent on the size of the organization, location, and type of work.  Figure out whether your repayment options, including any loan forgiveness programs at your law school, coupled with the salaries at a particular organization are workable for your personal situation.

Should I do law or policy?

Here’s another lesson that I’ve learned: it’s difficult to move from policy to law.  I’ve spent the bulk of my career focused on policy.  While I don’t necessarily regret this decision because I’m proud of the career I’ve had and have immensely enjoyed the work, there are some drawbacks to policy.  One of the biggest negatives I’ve encountered is simply a geographic limitation.  Federal policy is highly concentrated in Washington, D.C., for obvious reasons.  If you want to stay your entire career in D.C., pursuing policy is fine.  I do think those earlier in their careers can also move more fluidly between policy and law and back again.  I think policy work can lend itself well to think tanks, which aren’t necessarily based in D.C. (though many are).  Ultimately, personal preference answers this question.  What is it about the law that you like?  Where do you want to work?

Again, I’m not a career services professional, but since I get asked these questions fairly often, I hope they help others.


Krista L. Cox is a policy attorney who has spent her career working for non-profit organizations and associations. She has expertise in copyright, patent, and intellectual property enforcement law, as well as international trade. She currently works for a non-profit member association advocating for balanced copyright. You can reach her at kristay@gmail.com.