IP and Regulatory Counsel

Code Metal • Washington, DC

23h

About The Position

Code Metal is hiring an IP and Regulatory Counsel to join its legal team as one of its first members and build the company’s intellectual property and regulatory function. The role reports directly to the Head of Legal and partners closely with Engineering, Product, Research, and Marketing. The counsel will help protect and commercialize the company’s technology, advise on export controls and AI regulation, review claims about product capabilities, and develop policies, training, and compliance infrastructure. The role is grounded in IP and regulatory work while also offering opportunities to support a broad range of legal and business issues at a fast-moving company.

The position includes managing global patent and trademark portfolios; drafting and prosecuting software and AI patent applications; advising on export controls, AI regulation, data rights, and IP protection; reviewing marketing and proposal materials; handling IP agreements and due diligence; supporting brand protection and infringement matters; and managing outside counsel. The company is based in Boston and San Francisco and offers a flexible hybrid or remote work arrangement. Candidates must be U.S. Persons because the role requires access to export-controlled information.

Requirements

• J.D. from an accredited law school.
• Active membership in good standing with the bar of the state where the office is located (California, the District of Columbia, or Massachusetts), or eligibility to register as in-house counsel in one of those jurisdictions.
• 4 to 8 years of relevant patent and trademark experience; more senior candidates are encouraged to apply, and the role may be scoped to experience.
• Registration to practice before the USPTO.
• A degree in computer science, electrical or computer engineering, mathematics, or a related technical field, plus demonstrated experience drafting and prosecuting software or AI patent applications.
• Experience with IP transactional work, including licensing, portfolio management, and diligence.
• Excellent drafting, negotiation, analytical, and communication skills, including the ability to give clear, timely guidance to engineers and business stakeholders.
• Ability to learn independently, contribute across a broad startup legal function, and manage multiple priorities and stakeholders.
• Must be a U.S. Person because of required access to U.S. export-controlled information under ITAR/EAR.

Nice To Haves

• A combination of law-firm and in-house or government experience.
• Experience at, or advising, a technology, defense, aerospace, or hardware company, and comfort working alongside engineers and technical teams.
• Familiarity with procurement vehicles and frameworks such as GSA schedules, GWACs, IDIQs, BPAs, OTAs, and SBIR/STTR, as well as subcontracting structures.
• Familiarity with cybersecurity and compliance frameworks such as FedRAMP, CMMC, and NIST SP 800-171, and with DFARS cybersecurity clauses.
• Experience advising on export controls (ITAR/EAR), data rights, and government software licensing.
• Independent interest in the law and policy of defense acquisition and national-security technology, including views on what is right, what is broken, and how to fix it.

Responsibilities

• Build and manage global patent and trademark portfolios, including filing strategy, prosecution, docketing, renewals, and portfolio decisions in the U.S. and key international markets.
• Draft and prosecute patent applications covering software, AI and machine learning systems, compilers, code translation, verification methods, and related technologies.
• Respond to USPTO office actions, including subject matter eligibility rejections.
• Work with Engineering and Research on invention disclosures, patentability assessments, and selecting appropriate protection, including patents, trade secrets, copyrights, or defensive publications.
• Help run the company’s patent review process.
• Advise on ITAR and EAR export control compliance, including jurisdiction and classification of software, models, and technical data; own classification requests, license applications, and technology control plans, and manage outside specialists as needed.
• Advise on federal and Department of Defense AI policy, state AI laws, and international frameworks such as the EU AI Act, translating developments into practical product and go-to-market guidance.
• Review marketing, sales, and proposal materials and support substantiation of claims about technology performance, accuracy, and verification capabilities.
• Own data rights assertions, markings, and IP protection strategy under FAR, DFARS, and SBIR/STTR, working with Commercial Counsel on negotiation of related terms.
• Prepare, review, negotiate, and administer IP agreements, including patent and technology licenses, joint development and sponsored research agreements, CRADAs, collaborations with federal labs and universities, confidentiality agreements, and IP assignments.
• Conduct IP due diligence for acquisitions, partnerships, and strategic investments, and support post-close integration of acquired IP.
• Conduct freedom-to-operate analyses and trademark clearance for new products, features, and brand names, and advise the business on results.
• Maintain confidentiality, invention assignment, and trade secret protection infrastructure, including open source use policies and controls on AI training data and model outputs.
• Support brand protection through trademark oppositions, domain disputes, and enforcement actions.
• Advise on infringement risk, enforcement strategy, and defense against third-party claims, and support PTAB proceedings and litigation as needed.
• Select and manage outside patent, trademark, export control, and litigation counsel, including oversight of scope, quality, and budget.
• Develop corporate IP and regulatory compliance policies and deliver practical training to technical and commercial teams.
• Monitor third-party filings and developments in IP law, export controls, and AI and technology policy, and proactively advise the business on resulting risks and opportunities.

Benefits

• Health care plan with 100% premium coverage, including medical, dental, and vision.
• 401(k) with 5% matching.
• Paid time off, including uncapped vacation, sick time, and public holidays.
• Flexible hybrid or remote work arrangement.
• Relocation assistance for qualifying employees.
• Pay targeted toward the upper end of the salary range, depending on experience.

What This Job Offers

• Job Type: Full-time
• Career Level: Mid Level
• Education Level: Ph.D. or professional degree