An Insight into the Responsibilities of an IP Legal Intern
A significant aspect of the work of an IP legal intern is the research that they must continually perform on behalf of their supervising attorney. This includes everything from reviewing previously filed applications for similar marks to the research that goes into drafting infringement letters. By learning what similar cases exist, and what their outcomes were, an IP legal intern will be able to predict in some measure the outcome of a future case.
For example, suppose you are an IP legal intern that is working with a patent attorney on a case involving a new type of lawn mower. Ideally , the attorney would like to know if any other companies have filed or are filing for a similar lawn mower. The legal intern’s job would be to find out whether these specific types of products are being patented by anyone else. This would involve the intern learning how to use patents databases to search for any offers to sell for similar products and/or any applications filed for intellectual property. This would involve a great deal of research on the part of the legal intern, but by the end of the project he/she has learned a lot more about research analysis and database management that will serve him/her well in the future.
By the end of an IP legal internship, students will have a pretty good understanding of what happens during the trademark application process, as well as the various duties and responsibilities associated with that process. The most common responsibilities and duties of an IP legal intern are:
Crucial Skills Required for an IP Legal Intern
The patience to read and consume long IP legal documents is a must if you want to find yourself a legal intern position. You are way ahead of the rest of your peers that elect not to read the lengthy IP legal documents, because they quite simply do not have the patience, nor make the effort to learn the material as you have. Make no mistake, essentially all of the paid legal intern positions at the larger firms are reserved for the students at the top of the class. The difference in your Law GPA, is a difference of less than 1 Grade Point, so it is very crucial that you develop your reading and researching skills at each opportunity you get.
You will be expected to have some understanding of IP law, to which you will have to have it specifically relevant to the firm you will be gaining employment with. You will have to have done extensive research on the type of legal practice the firm you are trying to be employed by is dedicated to. This is because you will be expected to perform legal research in these areas and be prepared to show documentation of your research; and in some cases, you may even have to attend a meeting or two, to give a presentation of your findings and what legal precedent your research has and show how relevant it is to the type of legal practice the firm you are trying to get employed with is dedicated to.
Because of the sensitive nature of mostly every IP legal practice, you will also have to have the integrity to keep the internal research and information confidential, and not talk about it out in public or with any non-lawyers.
How to Land Yourself an IP Legal Internship
Securing an internship in the competitive field of intellectual property law often requires students to be proactive and savvy in their approach. As this field draws heavily from many scientific and engineering disciplines, it’s essential to tailor your skills and background to the specific needs of the firm you’re targeting. Here’s how you can maximize your chances of landing that coveted IP legal internship.
First, build a strong foundation. If you have a technical undergraduate degree (or are near the completion of such a degree) in a relevant field like computer science, engineering, or the hard sciences, you’re in a prime position to target IP firms. A student with such a technical education but without experience in IP law brings a lot of value to the table; they possess a unique combination of skills that is in high demand. Whether you’ve taken IP classes or worked informally with an IP mentor is secondary to the fact that you’ve successfully navigated a technical curriculum and understand the nuances of the field.
For those with a different academic background, having even a single IP class on your record will save you from otherwise unnecessary (and unflattering) interviews in which you need to explain what "IP" means. If you can pass a screening interview with a reputable law firm (such as an interview for patent bar eligibility), you should be considered.
Next, seek out practical experience to augment your classroom work. As the saying goes, "you learn by doing." In addition to internships, participate in IP-related extracurricular activities such as moot court and relevant pro-bono groups. If you’re lucky, you’ll even be able to spend a summer or a semester with a judge that focuses on IP cases. Some schools even offer IP fellowships that could be an option for your 2L summer. This hands-on experience can make you a more appealing candidate to IP firms, which receive a high volume of applications each year. Schools with good programs in this space, such as Yale, Carnegie Mellon, and Michigan, will give you a competitive edge.
Finally, network, network, network. Successful networking can often mean the difference between a welcome telephone call and a dreaded form email signifying rejection. You may not even know it’s happening until an IP firm you’ve never approached "cold" reaches out to you. Nothing makes you a more attractive candidate than unsolicited interest on behalf of a reputable firm. To this end, you’ll want to cast as wide a net as possible, and hope for the best.
A good place to start is your fellow students. Some of your classmates will find their way to IP law firms through internships, and may have exactly the contacts you need to land an interview of your own. Take the time to speak with them about their experiences; in particular, referable contacts you can speak with to further you chances of getting a coveted summer internship down the road.
Attending alumni networking events can also be very useful. If you’ve already met someone or multiple people from a firm, it’ll be easier to reach back out to the firm later on when you’re seeking an internship. Over time, if you keep in touch with your contacts, you’ll begin to hear about opportunities opening up. Some firms will even pay to have you interviewed when they come to campus after feeling in some way aided by you.
Keep in mind that much of this is not full-proof. No matter how much effort you put into securing a coveted IP internship, there’s no guarantee that it will work out. While many seasoned attorneys suggest that you should try to get a good intern/in-house experience behind you, it’s crucial to keep in mind that many firms struggle to find qualified applicants. Because of this, it’s not unusual to find IP law firms hiring from the top 10% of a school’s class. Knowing this, target law schools that offer this program and enjoy a good reputation in the legal and tech community so you can position yourself to be competitive.
The Perks of an IP Legal Internship
The completion of an IP legal internship can be a valuable stepping stone in a career in the IP law field. The benefits of an IP legal internship can include practical knowledge and experience, expanded professional networks, and an enhanced resume that may make a candidate more attractive to potential future employers. On their own, law school classes provide a good theoretical background for trainees in IP legal fields, but they rarely provide an opportunity for the real-life application of IP theories and principles. Trainees have the drive and determination to succeed after law school, but law school classes generally do not include the practical applications of IP concepts in the day-to-day situations faced by IP law firms or corporate IP departments. By completing an IP legal internship during or shortly after law school, trainees are able to gain a much deeper level of understanding of IP concepts and the practical uses of these concepts that are used in IP law firms and departments. When it comes to IP theory, it is not always enough to simply read about IP concepts in a law school track. IP legal trainees need to gain first-hand experience in applying these concepts to solve real-world problems. In addition to practical experience gained in the field , IP legal interns have the opportunity to expand their professional networks. By working in IP law firms or IP departments, trainees gain access to the contacts and relationships of their supervisors, partners and other staff. Interns are also introduced to other professionals working in areas closely related to IP law. These contacts can lead to future job opportunities, as well as valuable personal and professional connections. It is important to remember that while the skills and knowledge gained during an internship are certainly a huge asset for career advancement, the professional contacts made during this time are often equally valuable. Internships also provide an opportunity to enhance resumes. Resumes are essential marketing tools for landing a job after law school. When comparing similar resumes for the same job opening, hiring managers will often select the resume that has the most relevant and impressive working experience. By including an internship completed in an IP law firm or department, law school graduates can boost their chances of landing desired positions.
Challenges for an IP Intern
Like any other field, a career track in IP is not always a smooth ride. Interns have to tackle various issues as they make their way through the IP world, some common obstacles you might face are as follows:
- Retaliation against Speaking Up – If you voice your concerns about your firm’s practices, you could face retaliation in the form of isolation, lack of work or even termination. Speak up on your issues without burning bridges. Help fellow interns and show you care about your job, suggest ways to fix issues and stay away from gossip. If you find yourself in a hostile atmosphere – Hormones and emotions can run high when it comes to urgent project deadlines- try to stay above the fray, solve your problems with dialogue rather than power plays, encourage others to stop with the drama.
- Making Mistakes – You’re an intern because you’re still learning the ropes of the job. Don’t be afraid to admit your mistakes and learn from them. Try to resolve any issues with your supervisor calmly, remember, everyone makes mistakes. Once you realize that it’s okay to make mistakes, you will learn to avoid them at all costs. Even a simple typo of a date could mess up a very important document; that single mistake could cost you your intern opportunity . So always be vigilant, come into work on time and stay for the whole period even if there’s no work to do. Volunteers are always more likely to be given opportunities and added benefits than those who only come for the sake of it.
- Low Finance – The depressing fact is that IP law interns hardly ever receive any pay. The best thing to do in this situation is to be realistic. If you start facing problems, you could look out for firms that pay interns. However, signing up for a paid position would mean that you would have to work harder since the clients would be willing to pay top-dollar for the best work. Try to gain as much experience you can by working hard on even the most menial of tasks. Churning out bills on small, low paying cases gives interns the chance to see most types of IP law cases without a huge investment of time. That said, some interns also use this time to add to the firm’s workload through network connections.
- Unmonitored Supervision – Your supervisors might lose track of what you’re learning if you’re not diligent. Make sure you get a good idea of what you should be learning and identify and learn on the key skills you should be developing. It’s important to get feedback on your work from various department heads so that you aren’t being babied into a false sense of security.