By Payton Love. Payton is a 2L at the Sandra Day O’Connor College of Law and serves as the Co-Chair of the Symposium Branch at the McCarthy Institute. He earned his undergraduate degree in Business Administration at Grand Canyon University. This past summer, Payton externed at the United States Federal District Court with Judge Brnovich. After law school, Payton aspires to build a career in intellectual property and business law.
Introduction
I had the pleasure to sit down with Professor Kappes, a successful intellectual property attorney and professor from the Sandra Day O’Connor College of Law at Arizona State University. I asked him several questions regarding his experience with intellectual property, what upcoming law students should expect in the field of intellectual property and the future of intellectual property. The answers are paraphrased. I hope you enjoy as much as I did sitting down with Professor Kappes.
What do you enjoy about practicing and teaching IP?
It’s all around us—these technologies are at our fingertips every day. What really excites him is figuring out the legal framework that connects to them. It’s a field full of nuance and complexity, which tends to draw in sharp minds, critical thinkers, and problem-solvers. That’s what makes it so rewarding for him.
What is your technical background?
He pursued a Master’s in RadioChemistry alongside his Electrical Engineering degree because he needed to take additional courses to meet the requirements for medical school, which was his original goal. Plus, the program was paid for, so it made sense to go for it at the time.
If you know you want to do Patent law and you do not have a technical background, is it worth it to go back to school and get a tech background?
If you’re just 2–4 courses away from completing a program, it’s definitely worth it. It’s a credential that demonstrates your work ethic, and even if you’re a tax attorney, it’s valuable to take those extra courses just to have that safety net of a tech background. However, if you’re more than 4 courses away, it might be worth reconsidering.
For intellectual property law, Patent Prosecution, the IP that requires a tech background, takes up a small portion (about 1/10th) of the subject matter, whereas there are many other IP areas like Right of Publicity, Trade Secrets, Patent Litigation, Trademarks, and Copyright that do not require a tech background. So, unless you have a strong passion for it, it might not be worth pursuing in-depth. But, if you’re truly driven, that’s a different story.
Interestingly, while 82% of patent attorneys focus on patent prosecution, the remaining 18% who specialize in patent litigation tend to use a broader skill set, which is the exciting part (these numbers are from Kappes’ memory). Some of the best patent attorneys he’s faced weren’t necessarily from tech backgrounds—they brought a diverse set of skills to the table.
How often do you find your technical background helping in Patent Litigation?
It all boils down to how skilled you are as a litigator, and your willingness to embrace new things, especially in the tech world. You don’t need to come from a tech background to succeed—what really matters is who you are and your ability to learn and adapt.
He gave an example of how SMS components are processed. At one point, he had to sift through giant, complex white papers and research technical specifications across thousands of pages. It felt overwhelming, but his background helped—having some general vocabulary to break things down made it easier. However, knowing where to go for help when needed was just as crucial.
He always tells his kids, “Can you do hard things?” because that’s the key to life and success. Facing challenges head-on is how you grow and get ahead.
What are the upcoming challenges in IP that IP attorneys should be preparing for?
We’re going to see a lot of litigation around AI, much like we did with the internet and the Digital Copyright Act. As each new technological evolution happens, it creates the need for new laws. And those laws come from all angles—litigation, policies, businesses setting best practices, and societal norms. For a while, we’ll see a lot of action “on the ground” as these legal frameworks take shape.
There was a lot of hype around blockchain being a game-changer, but that didn’t really pan out as expected. He thinks AI might be getting a similar level of hype, but not quite to the same extreme as blockchain.
One perpetual challenge, especially for lawyers, is work-life balance. It’s just part of the job—lawyers are often called on to handle tough cases, whether it’s family law or criminal law, which can be emotionally and mentally draining. Plus, it’s a competitive field. Much like professional athletes, lawyers train hard and work relentlessly because of the pressure to perform. It would be great if the legal field in the future could be structured in a way that’s less focused on constant competition.
How do attorneys work around burnout?
Life is made up of different seasons, and sometimes you’re in a season of being a lawyer, and other times, you’re not. Data shows that after retirement, many people go on to have an average of seven different careers. It’s okay to evolve and change over time. You can be a lawyer, then switch to teaching, and later even become a fitness instructor. Just because you went to law school doesn’t mean you’re locked into being a lawyer for life.
The choices you make today will shape your future self. Down the road, you’ll face pressures—whether financial, personal, or business-related—that will make those decisions harder. That’s why it’s important to prioritize what matters now. For him, family, his wife, and his own well-being come before wealth and financial gain. There’s no judgment toward those who choose a high-stress career or prioritize financial success, but it’s essential to think about what you want out of life.