A junior patent prosecution attorney from a top American law firm is urgently seeking career guidance amid pressing concerns over the future of their profession. Having transitioned from the USPTO to a prominent V40 firm, they are grappling with the uncertain landscape of patent prosecution in big law.
The attorney started at a lower-ranked AmLaw 100 firm, hoping to specialize in patent matters. However, after moving to their current role, they faced unexpected hurdles, including high billing rates that limited their assignment opportunities. "I struggle to get drafting and OA response assignments because of my high billing rate and the low budgets," they revealed.
Comments on user boards reveal shared apprehensions and valuable advice:
Several peers encourage the attorney to consider lateral moves to firms with a stronger emphasis on IP, such as Fish, Finnegan, or Sterne Kessler. One user noted, "Your best bet is lateral to a patent boutique. Itβll be a pay cut, but long-term prospects are better."
Multiple commenters highlighted the geographic challenges affecting patent practice viability, with one stating, "In my current role, I support partners out of another office where most of the work comes from."
Another pointed out that many junior associates are seeing the same issues, reinforcing the sentiment that patent prosecution may have limited potential for advancement in big law.
"Exited Biglaw at first opportunity. Never going back," mentioned a former attorney, underscoring the frustrations many face.
The pressure to remain in high-cost areas while managing student loans complicates decisions for junior attorneys. Some emphasize that future career paths might involve shifts toward corporate law or technology licensing to build more sustainable practices. As one forum contributor suggested, "If you don't like litigation, start with technology licensing. It will give you transactional experience."
β οΈ Concerns around long-term viability in patent prosecution are expanding.
βοΈ Exploring in-house opportunities could provide new pathways.
πΌ Networking and strategic lateral moves appear essential for career survival.
As the landscape of patent practice continues to evolve, junior attorneys are advised to proactively seek advice and consider diversifying their skill sets. Securing mentorship and exploring opportunities outside big law may become crucial for sustained success. For those in similar positions, itβs clear that adapting to the shifting legal environment is paramount.