Advice on choosing between Patent Pros/Litigation? Finishing law school and undecided about whether to go patent pros or litigation route. After some general research, the common theme seems to be that prosecution is not as lucrative or as sustainable as a career. Looking for your expert opinion on it.

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Don't do pros. Hardest practice to bill in in all law. Very low margin work with low ROI. Plus it is duller than lit

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Not to mention that LLMs like chatGPT are gonna make prep/pros obsolete. Just have AI prep apps and OA responses in house and have a skeleton crew of in house patent professionals review the work product.

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Pros if you want to go in house or make a good living at a boutique. Lit if you want to make $$$ in private practice long term.

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Touche

Some firms will let you try both. Maybe consider that route. I think having experience in one can help with the other

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I will add a disclaimer though. While some firms do allow this many of the best patent lit firms don't. I.e. Irell and Quinn don't even have pros.

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Do you like working with technology and helping inventors obtain patents or fighting legal battles? I work in pros and like it. Some of my colleagues dabble in post grant work but indicate that the hours can be crazy. I don’t know about litigation.

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Patent lit if you are going to a firm that does both. Patent pros if you find a prosecution-only boutique, particularly one with project-based compensation (no billable hours).

I did some of both as an associate. Picked pros instead of lit. Good friend went with lit. I love the technology and working with inventors. It is harder to bill but if you like the business development side also easier to build a business than litigation. My friend is in house now. I am an equity partner. Evaluate your personal strengths.

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