Asked & Answered: Yen Florczak ’98, Chief Intellectual Property Counsel at 3M

Yen Florczak ’98 worked at 3M as an engineer for a couple of years before she enrolled at Minnesota Law. During her student years, she served as a law clerk at 3M, joining the company as an intellectual property attorney after graduation. Today, she is 3M’s chief intellectual property counsel.

Can you describe your day-to-day work as chief intellectual property counsel at 3M?

At 3M, we apply science to life and deeply value innovation and creativity. Being chief intellectual property counsel at such an innovative company is a rewarding job. Each day I come to work and oversee our global IP operations in 15 different locations, which includes obtaining, maintaining, enforcing, licensing, and entering into IP-centric agreements with the goal of helping our businesses grow.

"Asked & Answered" Alumni Q&A Series
In 2016, you took on a role in 3M’s China operations. Could you briefly discuss that?

I had the honor of leading our Asia Pacific IP function, based in Shanghai, from June 2016 to June 2019. That role was a huge learning experience—to understand the different IP regimes and the different value that the local governments placed on IP rights. I focused client education on the value of IP and enforcement of 3M’s trademark and patent rights against alleged infringers.

Was this what you envisioned doing at the start of law school? And how did your Minnesota Law education play into your career path?

Given my undergraduate engineering degrees from the University of Minnesota, I certainly wanted to be a specialist in IP law. It is fair to say, however, that at the start of law school, I focused on excelling at learning the law and obtaining work experience to help me determine if I would be excited about a career in IP law, both of which were emphasized at Minnesota Law.

What was your favorite Minnesota Law experience (class, clinic, activity)?

I have fond memories of many of the classes, including estate law, tax law, and evidence. I learned so much as a member of the Minnesota Law Review, including the mechanics of checking the articles or essays as well as the valuable comradery established amongst the student members.

What interesting trends or cutting-edge issues are cropping up in the patent law field?

A topic that has significant implications to businesses, large and small, relates to what subject matter is eligible for patenting. Section 101 of the U.S. Patent Act allows patents for a new and useful process, machine, manufacture, or composition of matter and their improvements. There is uncertainty as to when software-enabled subject matter or artificial intelligence can be patented.

What do you like most about being a patent attorney?

I love the intersection of law and technology, how laws and policies impact, positively or negatively, innovation and creativity. Technological innovations have created jobs leading to global economic prosperity, thereby improving people’s lives. Learning about the technology behind the innovations and how they are applied in products or services and then translating that into patent rights is rewarding work.

Any career advice for a law student interested today in starting out in the patent law field?

An observation I would offer is that IP lawyers that have industry experience—such as, for example, working as engineers and scientists—may be able to relate to the scientist inventors quickly. What is important is that IP lawyers have genuine curiosity about the invention and a desire to learn about it.

You recently returned to a Minnesota Law classroom as a featured speaker. What was that experience like?

It was a great delight to be able to connect with students who are genuinely interested in learning how IP is a business asset that helps to drive growth and improve lives. The Law School has transformed and modernized since my time in 1998! I appreciate that the Law School assigned a student ambassador to help me through the process.

Is there any interesting decoration or personal item one might see in your office or on your desk?

A piece of artwork on my bookshelf has a quote—“A Ship in Harbor Is Safe, but That is Not What Ships are Built For”—which was often repeated by pioneering computer scientist and U.S. Navy Rear Admiral Grace Hopper. It is a reminder for me to get out of my comfort zone and try new things.