Switching into IP as 3L - advice? Forum

[Anonymous User]

No offered from my 2L summer because the practice group is too small so there is no further opening, but got a decent recommendation letter. Waste some time depressing because I really like the practice so missed the opportunity for 3L OCI.

Thinking about switching into IP now because I love technologies and my best friends basically work in tech world. My current focus is tax but learned from OCS that I will probably end up in Big 4 with a tax llm.

Median at T-14, undergrad in a prestigious school (HYPSM) with one year of hardcore science (physics, math) but graduated with a social science degree.

Any advice? Thinking about getting a master in computer science if I have to do one more year of law school in tax llm.

[Anonymous User]

When you say "switching into IP" are you specifically talking patent pros/lit, or also open to trademark/copyright stuff? Patents isn't as lucrative as it used to be and there is starting to be a surplus of non-PhD patent litigators. I don't think you'll have enough science credits for the patent bar, and a master's won't help you.

I'm an IP-track student right now and "loving technology" isn't going to sustain you. Patent law is dry, insanely detail-oriented, and can be frustrating. Take patent law next semester and see if it interests you before making a decision.

[Anonymous User]

OP here.

I am also open to copyright / trademark.

[trmckenz]

In the patent world, prosecution is out for you, but there are still plenty of IP litigation jobs available. Firms are starting to be more selective with respect to requiring USPTO eligibility, but at the end of the day, litigation is litigation. Pedigree matters, which you have. So you could look for IP litigation openings. Texas (Houston, Dallas, and Austin to a lesser extent) has a decent amount of openings for laterals right now.

Patent work aside, the path of least resistance may be trademark prosecution. From what I've seen, TM pros is the "soft IP" practice area with highest demand / lowest supply. Maybe this is because it is slightly boring, monotonous, difficult to bill, etc... but in my experience, I have seen people fall into those jobs more easily. It can lead to TM litigation or more brand management type of work. There should be openings at both law firms and in-house for TM attorneys. Look more toward the global firms and large brands (e.g., fashion industry, Coke, etc.).

Copyright work seems interesting, and perhaps is the most difficult to get into. It's often sexier subject matter (movies, music, video games, etc.) with fairly loose law. Being tied to the entertainment industry makes things difficult for employment.

Hope this helps.