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Praxis: The Online Publication of The McCarthy Institute

By Raielle Watkins 

I had the opportunity to sit down with Kandace D. Walter, an intellectual property attorney, entrepreneur, and clinical professor with extensive experience in patent and trademark law. During our conversation, I asked Ms. Walter about her path into intellectual property, the skills necessary to succeed in the field, and the role intellectual property plays for entrepreneurs and small business owners. We also discussed access to IP law, particularly for students without technical backgrounds, and her leadership as a Black woman in the intellectual property space. The questions and answers below reflect her responses from our interview. I hope this interview provides insight and guidance for students interested in intellectual property law, as much as it did for me. 

1. Can you walk me through your path into intellectual property law and what initially drew you to IP as a practice area? 

Kandace D. Walter described her path into intellectual property law as anything but linear. She began her academic career in the sciences, initially majoring in chemical engineering before switching to chemistry with plans to attend medical school. After realizing she did not want to spend “eight years” in school pursuing medicine, she pivoted toward law, influenced in part by friends who were pre-law and her interest in legal television. 

After law school, Walter worked as a prosecutor in the Dallas District Attorney’s Office, where she gained extensive trial experience. However, she quickly realized criminal law was not her long-term goal. Over time, she transitioned through civil litigation and municipal law before ultimately entering intellectual property practice. 

Walter explained that IP appealed to her because it allowed her to reconnect with her interest in science and analytical problem-solving. As she put it, “I picked IP because I still love science and math… IP is a way to combine those things.” She also emphasized that her journey demonstrates that “you don’t have to have a linear path to IP, to your career.” 

2. Walter Legal works closely with entrepreneurs and small business owners. How does intellectual property protection impact a business’s long-term success and growth? 

Walter stressed that intellectual property protection is critical to a business’s long-term success, particularly for entrepreneurs who may not realize they already possess valuable IP. She explained, “A lot of people have IP, but they don’t know that they have IP.” As a result, many business owners inadvertently jeopardize their rights by publicly disclosing inventions or branding too early. 

She shared examples of clients posting inventions on social media or offering products for sale before securing protection, asking rhetorically, “Why did you do that?” According to Walter, identifying and protecting IP early can prevent others from copying or exploiting a business’s ideas and is essential when companies expand to national markets or retail platforms. 

3. You’ve taught intellectual property and directed trademark clinics for many years. How has teaching IP influenced the way you approach your own legal practice?

Teaching and clinic work have significantly shaped Walter’s approach to practice, particularly her commitment to accessibility and mentorship. She explained that much of the work she does in the clinic mirrors her private practice, stating, “A lot of what I’m doing in the clinic is the same work that I do in my office.” 

Directing a clinic has also reinforced the importance of practical training and clear communication. Walter frequently refers clients who cannot afford private counsel to clinics or pro bono resources, emphasizing that “if you cannot afford a private attorney, there are resources for you.” Through teaching, she has become even more intentional about ensuring clients and students understand IP concepts in plain language. 

4. From your experience running Small Business and Trademark Clinics, what practical IP skills do students gain that are especially valuable in practice? 

Walter explained that students leave the clinic with tangible, practice-ready skills. These include conducting trademark searches, analyzing the likelihood of confusion, drafting applications, responding to office actions, and communicating with clients. She noted that many students enter the clinic without understanding basic IP concepts, saying, “They don’t even understand what likelihood of confusion means… so I had to teach them what that means.” 

Students also gain firsthand experience navigating the USPTO system. Because the clinic is certified, students have direct exposure to filing systems, which Walter described as “golden right there.” She emphasized that these skills translate beyond IP, particularly in learning how to communicate legal concepts clearly to non-lawyers. 

5. Without disclosing confidential information, what is one of the most interesting or challenging intellectual property matters you’ve worked on? 

Rather than focusing on a single case, Walter highlighted recurring challenges in patent practice, particularly client communication. She described situations where clients struggle to explain their inventions or rely on AI-generated materials as invention disclosures. Written and oral communication skills are critical for patent prosecution, with both the inventor and the examiner. She shared that the most interesting cases for her are those that solve problems that she didn’t even know existed. She stated, “I have a curious mind and love to learn new things. I respect the creativity, perseverance, and dedication of the inventors and am honored to help them protect their IP rights.”

6. What skills are most critical for success in intellectual property law, and how can students begin developing them in law school? 

According to Walter, initiative and self-directed learning are essential for success in IP. She cautioned against waiting for employers to provide training, explaining that students must actively demonstrate commitment to the field. She noted that claiming interest without action raises red flags, stating, “You’re saying that you have a passion for this, but you haven’t even taken the patent bar.”

She encouraged students to use their free time to pursue clinics, certifications, CLEs, and USPTO programs, emphasizing that employers value demonstrated effort: “You’re showing those people… this is a thing that I really am passionate about, and I’ve spent my free time doing it.” 

7. How has your experience as a Black woman shaped your journey and leadership within the intellectual property field? 

Walter spoke candidly about the responsibility she feels to be visible as a Black woman in IP, particularly in patent law. She shared that many people tell her they have “never seen a Black patent attorney before,” which motivates her to intentionally lead and mentor. 

She has held numerous leadership roles, including serving as president of the J.L. Turner Legal Association and as president of an IP Inn of Court, where she was only the second Black president. She explained that she continues to serve despite the demands because “there aren’t that many of us,” and representation matters at every level of the profession. 

8. What advice would you give to students interested in intellectual property law? 

Walter emphasized experiential learning and networking as essential. She encouraged students to participate in clinics, attend IP-related events, and connect with practitioners early, stating, “If you haven’t done a clinic, you should do a clinic.” She also noted that students should not wait until their first job to develop practical skills, explaining, “You don’t want the first time that you try to file a trademark application to be on the job.” 

9. There’s a perception that IP law is inaccessible without a technical or STEM background. Based on your experience, what pathways exist for students without those backgrounds? 

Walter firmly rejected the idea that IP is broadly inaccessible without a STEM background. She clarified that “the only thing that you need a STEM background for is patent prosecution.” Trademark law, copyright, trade secret litigation, and most IP litigation are open to students from any academic background. 

For non-STEM students, she emphasized the importance of building credibility through clinics, certifications, bar association involvement, and self-directed learning. She explained that success comes from effort and persistence, not pedigree. 

Interviewer: Raielle Watkins 

Interviewee: Kandace Walter