Here are all the details you’ll need on how to become an intellectual property lawyer in Canada — from law school to specializing in IP law
Interested in knowing how to become an intellectual property lawyer in Canada? This practice area combines law with the world of innovation, which involves protecting and enforcing the intellectual property (IP) rights of persons and businesses. Here, we’ll discuss the steps and important considerations as you take them on.
This guide is for students who want to take on the role of intellectual property lawyers in the future.
An intellectual property lawyer (IP lawyer) is a legal professional who can help persons and businesses when it comes to the registration and protection of their IP rights. IP lawyers can also guide clients beyond these, such as in using their IPs for their value (e.g, licensing third parties or distribution). They're also skilled in the enforcement of IP rights, such as when there’s alleged infringement by other parties.
In Canada, there are four main types of intellectual properties:
These four have their own federal statutes that define them, setting up the process of their registration (if needed), and describing how infringement can be committed. Among others, protecting one’s IP rights is also done before the Canadian Intellectual Property Office (CIPO), which also administers these federal laws.
The video from the CIPO will give you an overview on how IP strategies are formed, which may be one of your responsibilities as a future intellectual property lawyer:
Looking for a reliable resource on where to study law to become an intellectual property lawyer? Use our list of Canadian law schools that has all the details you’ll need for your search.
As with any other specialization, becoming an intellectual property lawyer starts with preparing yourself to enter law school. As the process has now evolved and become more stringent, it’s never wrong to prepare ahead of time.
After being admitted to a law school, the hard part sets in, which is to finish what you've entered for. Specializing in IP law can come after you’ve hurdled all those requirements in becoming a lawyer.
Here’s a summary of the steps you’ll have to take on how to become an intellectual property lawyer in Canada:
We’ll explain each of these steps below; you can also use the table of contents above to skip to a particular step.
Preparing to enter law school starts way before you’re filling out those application forms. It starts during your college or university years, as you’re taking your undergraduate degree.
In Canada, one hard admission requirement for law school is that earning an undergraduate degree. While it’s important to have a four-year degree, some law schools do accept a three-year degree as its minimum.
Canadian law schools do not require a specific undergraduate degree. Instead, they encourage people of different backgrounds to apply, regardless of their undergraduate studies.
But if you’re thinking of becoming an intellectual property lawyer someday, there are some suggested undergraduate degrees that you can consider. Some of these are foundational to Canadian IP law, while some provide you with the technical knowledge when handling specific IPs.
Below are some of these suggested undergraduate degrees:
Whether it’s an arts- or a science-based degree, any of these degrees can help you deal with the different types of IPs. For instance, engineering and other related degrees are perfect for future patent lawyers, as they’ll be dealing with inventions. If you want to specialize in copyrights or trademarks, degrees related to the arts, business management, and communications can help you.
The point is that IP law is a wide-ranging practice area where any undergraduate study will be of use. This also means that even if you don’t have any of the abovementioned degrees, there are a lot of ways where becoming an IP lawyer can work just fine for you.
For a quick starter on Canadian IP laws and why IP matters in our society nowadays, watch this video from the CIPO:
Get regular updates in the domain of IP law, such as new statutes and court decisions, by bookmarking our page on the practice area of Intellectual Property.
After graduating from college or university, you can start applying for a law school that will fit your dreams of becoming an intellectual property lawyer. While the admissions process of law schools may vary, there are some commonalities among them, especially with the requirements they set:
Below are further discussions on these requirements; you can also refer to our article on the important Canadian law school requirements for more discussions.
You will have to check your law school of choice if they will require you to take the LSAT. Not all law schools would require you to submit your LSAT score/s:
if LSAT is optional: you can still submit your LSAT score/s, especially if it’s not that bad or if your GPA is below the average score that they prefer
if LSAT is required: review which month you need to take the LSAT at the latest, and up to what year would they be accepting an LSAT score, as required by the law school
Achieving a high LSAT score should be your target. However, if your best only got you an average or below average score, you still have a chance to enter law school. According to the holistic policy adopted by Canadian law schools, they will be reviewing your application as a whole and will not judge you based on just a particular number. If you need help preparing for your LSAT, you can check our guide to LSAT preparation for future law students.
As proof of your undergraduate degree, and any other graduate degrees you’ve taken, you’re required to submit your transcript of records to the law school you’re applying to. Most probably, these transcripts will also reflect your GPA during your undergraduate studies.
Some law schools would release a yearly average LSAT and GPA standards of their latest accepted students. This can be your guide on how high your LSAT and GPA should be if you want a guaranteed slot at that particular law school. Again, even if you have a low LSAT and GPA, you can still submit your application as encouraged by these law schools.
Aside from your official transcript of records, here are other documents that law schools may require you:
Canadian law schools offer pathways or admission categories for applicants who cannot comply with the requirements under their general admissions. Some of the common pathways are those for Indigenous, Black, international students, LGBTQI+, persons with disabilities, and members of other minorities.
Entering law school through the rigorous admissions process is just the start; the actual years of studying will be more difficult. Here’s a watered-down version of what your law school journey may look like:
three years of legal studies: completing the curriculum of a law school will take around three years, from studying foundational and specialized courses, to experiential moot courts, joining legal clinics, and other extracurricular activities related to law
one year of licensing process: after the first three years, you’ll need another year to complete the licensing process, which is administered by the law society of the province where you will be practicing law in
As an example of the licensing process, below is the process by the Law Society of Ontario:
applying to be registered as a candidate in the lawyer licensing process
pass the barrister and solicitor licensing examinations, which can be taken either in English or in French
participate in the experiential trainings, by taking either the Articling Program or the Law Practice Program (LPP), except for those who completed the Integrated Practice Curriculum (IPC) program
pass the “good character” requirement under Ontario’s Law Society Act
become licensed, either through the administrative licensure or ceremonial Call to the Bar
Most law societies follow a similar licensing process for lawyers, although with some exceptions. For instance, some law societies have the Practice Readiness Education Program (PREP) in lieu of the bar examinations.
If you’re fixed on becoming an IP lawyer at this point, you may want to be strategic so that you can take advantage of your time and resources in law school. You can consider the following opportunities which can help you in your future role as an intellectual property lawyer:
Take courses on IP law: In your 2L and 3L in law school, you may be given the liberty of choosing the courses you’ll be taking. Depending on their availability, you can take courses that are directly about IP or any of its types, and those that are related to it, such as entertainment law and competition law.
Learn from IP lawyers: During your summer break, you can take internships with lawyers who are working in the field of IP or law firms that have their own IP departments. This also applies when you’re doing your articling during the licensing process.
But what if you haven’t really been exposed to IP law in your undergraduate degree or while studying law, but still want to become an IP lawyer? Fret not, because there still are a lot of opportunities post-law school for to you to become an IP law expert, such as:
working for a law firm or lawyer in the field of IP law: to help you in your search, you can check out our Special Report on the Top Intellectual Property Law Boutiques, or you can also use this directory of the best IP lawyers in Canada as ranked by Lexpert, one of our sister publications
enrolling in a graduate program on IP law: some Canadian law schools offer graduate programs (e.g., LLM or PhD) which are specific to IP law or somehow related to it; for instance, Osgoode Hall Law School offers a part-time Professional LLM in Intellectual Property Law
Building up on your strengths, here are some skills and legal knowledge that you may want to focus on during your law school journey:
ways on how a business or an individual can protect their IPs, including the processes before the CIPO (e.g., applying for a patent, registering a copyright, etc.)
legal remedies, both civil and criminal, for a business or individual to enforce their IP rights, such as in cases of infringement
In any case, you have to be flexible when you’re in this field of law. Because this practice area is relatively new, statutes and common law on IPs are still evolving. As such, it’s important to adjust immediately whenever there are novel concepts by case law or impositions by the government.
From preparing for law school to gaining specialized knowledge in IP law, each step on how to become an intellectual property lawyer plays a crucial role in your success. Whether you focus on any of the different types of IPs, mastering these areas can open exciting opportunities for your future legal career. With dedication and the right resources, you’ll be well on your way to making a meaningful impact in this specialized field of law.
More resources to help you discover the path on how to become an intellectual property lawyer are found on our Legal Education page.
