I started out doing prosecution and litigation for a couple of years, then switched to focus on learning prosecution really well. I liked both, and now I find myself thinking about and missing litigation. How hard would it be for me to lateral into an IP litigation position at this point? I welcome any discussion about what factors you think are relevant.

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I went back and forth. Doable but they are going to want more than you just being nostalgic. In my case I was able explain why and what I was looking for in each jump between the two. Or find a firm that does both and has no silos. Personally, prosecution is now almost a patent agent game at big law. I would hate to be in that bracket.

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Are you willing to take a class hit? Not a huge one given you have lit experience but probably a small one just because managing litigation is a steep learning curve. But there’s definitely demand out there and your background definitely wouldn’t count you out - particularly if you have big law experience might as well see what you could land.

I don’t think it will be that hard. Just highlight your litigation experience when you apply.

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I have been practicing as a patent prosecutor for 10yrs and I really have grown to dislike drafting. I've always had an interest in litigation but never seem to have opportunities at the firms I've been at to gain experience. Has anyone successfully taken a job as a patent litigator without prior experience?

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