2021 Report of the Economic Survey September 2021

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The bi-ennial Report of the Economic Survey is one of the premier and most sought-after publications of the Association. The Economic Survey’s results are often cited in judicial opinions, analyzed by research firms, and used by law firms. Current AIPLA members can access the Report online - for free! You must log in to access the digital file. When you open the file in PDF, you can display the bookmarks to more easily navigate to the specific information in the Report.

AIPLA 2021 Report of the Economic Survey - Table of Contents

Order a print copy of the Report of the Economic Survey.

We've made a number of enhancements to the 2021 Report based on feedback from members, including the addition of questions regarding the COVID-19 pandemic. As the profession changes over time, we're trying to stay ahead of the curve and capture information that will help our members see how their work experience stacks up with others. Here's what we learned:

The changing landscape of the workplace...

The overall percentage of people who worked remotely to those likely to work remotely jumped from 42% pre-pandemic to 81% post-pandemic, and there was a significant shift in remote work for practitioners 35 year and younger (86.4%).
A small number (7.6%) said their billing rates changed during the pandemic, mostly in the solo practitioner space.
Even with the pandemic, gross median income increased by two percent.
From the Law Firm perspective, while many are not contemplating closing locations in 2021 or 2022, more than a quarter are considering reducing their office space.
The median total billings per attorney dropped in 2020, but is still above 2016 levels.

As always, the Report's format is consistent with previous reports, and includes:

typical charges for law services,
typical types of fees for law-service charges,
typical costs of litigation, and
characteristics of firms.

Some changes you'll see:

COVID-19 QUESTIONS: Expanded questions regarding remote work (before, during, and after the pandemic) and added questions about closing or reducing office space as well as impact on summer associates’ programs.
FILING US APPLICATIONS ABROAD: Revised to streamline responses. Individuals were asked to choose one foreign country and answer all questions in that section based on that one foreign country. Also, a question was added for respondents to indicate if there is a surcharge to clients for handling invoices from foreign counsel.
COVERED BUSINESS METHOD (CBM) REVIEW: Replaced with the category of PGR/IPR.
NEW QUESTIONS: Billing rate changes for private practitioners, outsourcing services (replacing two previous questions about outsourcing international filing and annuity payments), and percent change in the firm’s revenue for IP legal services from 2019 to 2020.

AIPLA would like to thank Arlene Neal and Nicholas Camillo, Chair and Vice-Chair of the Law Practice Management Committee, Ryan Dean and John Gorecki, the Economic Survey Subcommittee Co-Chairs, and all of the members of the Committee for their hard work in putting this publication together. We are pleased to continue bringing you this valuable member benefit. We hope that you find the Report a useful reference tool in your practice.

Note: The online edition of the Report is protected from copying, editing, and printing. We know that members may need specific pages for court filings and we hare happy to provide specific pages for such use upon request. If you are in need of specific tables to submit, please contact kdrake@aipla.org, and state the purpose for needing the tables, and the specific tables (page numbers) needed.

Upcoming Events

Coming Soon! AIPLA CLE Webinar: USPTO Professional Responsibility with an Overview of Patent and PTAB Pro Bono Programs
April 12, 2023 1:00 PM to 2:30 PM | Pending

This webinar will provide an overview of core aspects of OED’s disciplinary enforcement functions, including an overview of various OED programs and initiatives that are relevant to legal ethics and practice before the USPTO and a discussion of select regulations governing the USPTO’s disciplinary process and statistics regarding recent disciplinary orders. A discussion of case law relevant to practice before the USPTO in patent and trademark matters with an emphasis on USPTO disciplinary decisions will also be discussed. The USPTO will also present information on both the Patent Pro Bono Program and the Patent Trial and Appeal Board (PTAB) Pro Bono Program. Staff from OED and PTAB will provide a brief overview of the Programs including their establishment and implementation. The presentation highlights the benefits of participation and the positive impacts each program has had on under-resourced independent inventors and small businesses, volunteer patent practitioners, and the USPTO.
World IP Day 2023
April 26, 2023 4:00 PM to 7:00 PM | No CLE

Join the United States Patent and Trademark Office (USPTO) and partner organizations for a special three-hour program to celebrate World Intellectual Property Day 2023. This annual international event is an opportunity to learn about the role that intellectual property (IP) rights play in encouraging innovation and creativity. The theme of this year’s celebration is “Women and IP: Accelerating Innovation and Creativity.”
16th Annual Design Day
May 4, 2023 10:00 AM to 5:00 PM

Join us for an in-person or virtual day of lively and thought-provoking discussion about various aspects of design patents, hosted at the United States Patent and Trademark Office (USPTO). Get insights from USPTO design managers, design patent practitioners, and industrial designers. No CLE credit is offered for attendance.
AIPLA 2023 Spring Meeting
May 10 to 12, 2023

Join us for a great program at the Westin Seattle in Seattle, WA. Educational and Networking events are May 10-12. AIPLA Board and Leadership Meetings are May 9.
2023 Spring Meeting
May 10 to 12, 2023