Although I know you don’t need to pass the patent bar to “technically” do patent litigation, would it be a dead end move to pursue patent litigation without a technical degree / admission to the patent bar? In other words, would most BL firms refuse to staff associates on patent litigation cases if they don’t have a technical degree?

Currently a trademark prosecution attorney that does some trademark / copyright litigation.

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There are plenty of people doing patent litigation without a technical degree. I think it’s a harder path to success, but it is possible.

The problem is that it may be hard to eventually originate work yourself. If a client has an option between someone with a PhD in the relevant area and you, you might find it hard to win many bids.

The same logic applies when your an associate. If the partner is preparing a pitch, they are going to want awesome and relevant credentials for the associates that will be staffed on the matter. You might find it hard to be included due to your technical limitations.

Good luck. It’s not impossible. If you really want to do it, go for it. But expect a bumpy ride.

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Kind of disagree with the PhD remark. I have a PhD but don’t consider that as important as building a reputation for being good at what you do and being a good person to work with. Maybe for absolute cold calls but otherwise not critical.

Not a dead end to do it, but I would advise that you make yourself invaluable in another way, like by getting admitted to a state bar and federal court that will be fairly critical to patent litigation, like Delaware.

Why would you even want to go into patent? Trademarks/copyrights is very lucrative. I’ve worked with some of the best Trademark attorneys in the country and it was an extremely busy practice. Think about it some more before you jump. Unless you are a Patent Agent, your success in being strictly a patent attorney without any technical background is very low.

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