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You are so close!  Do the CS degree(3-4 semesters)

1 (12.5%)

If you want this career, do it right.  EE(5-6 semesters)

2 (25%)

Patent law?  stay away unless you know what you are getting into

5 (62.5%)

Total Members Voted: 8

[TexasLawStudent]

I am a rising 3L at a top 80 school in Texas.  I have median grades, journal experience, 110k in debt, and no job prospects upon graduation. I have 2 years of software development experience, and started as a CS major in college but graduated MIS.  I have not been able to intern at a patent firm due to no science degree, but I have interned at a medical malpractice litigation firm and loved it.  If I return to undergrad, it would be UT on private loans.  Assume roughly 1 semester will be spent waiting for bar results anyways. The CS degree would finish in fall 2013, and EE, fall 2014.  While I know little about patent prosecution, I have a lot of trouble seeing myself hating patent litigation.  A friend has not found a law job after his LLM in nearly a full year, and I am trying to avoid his situation because he may never break in to the legal field.  And honestly, it is hard to get excited about 80 hour work weeks for less pay than I had as a software developer.

How different is patent litigation from other litigation?  Would I have trouble moving from prosecution to litigation after 2+ years if I do not like prosecution?

Any advice or suggestion on how I should consider this would be greatly appreciated.  Right now, I am planning on doing option 1 and trying to intern at a patent prosecution firm when I go back for CS.  But I keep considering option 2 if I decide I really want to pursue this career path.

[khazzah]

How different is patent litigation from other litigation? 

Caveat: I'm a patent prosecutor, not a patent litigator. But I've been practicing long enough to know some patent litigators, and something about what they do.

I'd say patent litigation is similar to other complex commercial litigation. That is, big companies as parties, big dollars at stake. Lots and lots of discovery. Lots and lots of expert reports.

Patent litigation is different in that not many patent cases go to trial. Summary judgments are often dispositive. In fact, sometimes patent cases don't even get to summary judgment, because a claim construction (markman) ruling that is favorable to one party results a settlement.

I have interned at a medical malpractice litigation firm and loved it. ... While I know little about patent prosecution, I have a lot of trouble seeing myself hating patent litigation. 

Patent prosecutors and patent litigators tend to be two different types of people. If you're that excited about patent lit, that makes me wonder whether you'd like patent pros at all.
 

But I keep considering option 2 if I decide I really want to pursue this career path.

It's not clear to me what you mean by Option 1 and Option 2.

Are you asking if you need a patent-bar-qualified undergrad degree in order to get into patent litigation?

[TexasLawStudent]

Caveat: I'm a patent prosecutor, not a patent litigator. But I've been practicing long enough to know some patent litigators, and something about what they do.

I'd say patent litigation is similar to other complex commercial litigation. That is, big companies as parties, big dollars at stake. Lots and lots of discovery. Lots and lots of expert reports.

Patent litigation is different in that not many patent cases go to trial. Summary judgments are often dispositive. In fact, sometimes patent cases don't even get to summary judgment, because a claim construction (markman) ruling that is favorable to one party results a settlement.

Patent prosecutors and patent litigators tend to be two different types of people. If you're that excited about patent lit, that makes me wonder whether you'd like patent pros at all.

You very well could be right about prosecution as a poor fit for me.  It sounds like I will try and target litigation if I decide to go this route.  If a person wanted to ultimately end up in patent litigation, would it make sense to apply/work for prosecution first or are the two skills not overlapping?  Is it harder to enter the market for patent litigation than prosecution?  I mainly see jobs for the latter.

It's not clear to me what you mean by Option 1 and Option 2.

Are you asking if you need a patent-bar-qualified undergrad degree in order to get into patent litigation?

By Option 1, I meant completing a CS degree.  By Option 2, I meant going for an EE which would take longer.  But since you mention it, from what I understand it is not technically required for patent litigation to have passed the patent bar.  But based on the realities of the job market, would it make more sense to complete the CS degree for patent litigation or enter the field without the degree?  I have not seen any patent related postings without requiring a BS minimum. 

[LivingItUp]

I am a rising 3L at a top 80 school in Texas.  I have median grades, journal experience, 110k in debt, and no job prospects upon graduation.

....The CS degree would finish in fall 2013, and EE, fall 2014

Wow 110k in debt now, and you expect to increase it with 1 or 2 more years of school ?  So it will be what 150K with the additional schooling and interest on the already accrued 110k?

You will be like 30 years old, and 150k in debt?

Here are some interesting articles :

1. The Wall Street Journal wrote a recent article suggesting that being a prison guard is better than going to Harvard

http://online.wsj.com/article/SB10001424052748704132204576285471510530398.html

The pay + benefits + retirement has a higher expected total than your average Harvard graduate


2. Also, check out that life guards can make 200k/year in California + good benefits + 100k/year pension. How many attorneys on these forums are making 200k/year and getting a 100k/year pension when they retire ?

http://www.ktla.com/news/landing/ktla-newport-lifeguards-salaries,0,1558502.story

You should consider government work. The federal government will even forgive your student debt.

[bleedingpen]

You very well could be right about prosecution as a poor fit for me.  It sounds like I will try and target litigation if I decide to go this route.  If a person wanted to ultimately end up in patent litigation, would it make sense to apply/work for prosecution first or are the two skills not overlapping?  Is it harder to enter the market for patent litigation than prosecution?  I mainly see jobs for the latter.

If you take a job in patent pros, I think it is very hard to then transition to litigation. 

[patentatt]

I am a rising 3L at a top 80 school in Texas.  I have median grades, journal experience, 110k in debt, and no job prospects upon graduation. I have 2 years of software development experience, and started as a CS major in college but graduated MIS.  I have not been able to intern at a patent firm due to no science degree, but I have interned at a medical malpractice litigation firm and loved it.  If I return to undergrad, it would be UT on private loans.  Assume roughly 1 semester will be spent waiting for bar results anyways. The CS degree would finish in fall 2013, and EE, fall 2014.  While I know little about patent prosecution, I have a lot of trouble seeing myself hating patent litigation.  A friend has not found a law job after his LLM in nearly a full year, and I am trying to avoid his situation because he may never break in to the legal field.  And honestly, it is hard to get excited about 80 hour work weeks for less pay than I had as a software developer.

How different is patent litigation from other litigation?  Would I have trouble moving from prosecution to litigation after 2+ years if I do not like prosecution?

Any advice or suggestion on how I should consider this would be greatly appreciated.  Right now, I am planning on doing option 1 and trying to intern at a patent prosecution firm when I go back for CS.  But I keep considering option 2 if I decide I really want to pursue this career path.

Comments:

1. If you really want to go into prosecution, and if you are determined to go back to school, I would get an EE degree, and not a CS degree.  My EE degree has proven helpful over and over again, and I've listened to several ME grads express envy over it (esp. when they are looking for a job).  The other advantage of an EE degree is that you avoid the difficulties with registering to take the patent bar exam for CS majors - an absurd, but still existent, loophole.

2. However, I strongly believe that you shouldn't do any job if you are not passionate about it.  You sound passionate about litigation.  As Karen pointed out, prosecution is entirely different.

3. You don't need a patent bar registration number to do patent litigation.  I know many attorneys who works as patent litigators who have not passed the patent bar exam, several years after graduation.  They have no trouble finding jobs, and often make more money than I do.  Often they know less patent law than I do, while being experts in civil procedure and federal litigation, things that I know nothing about.

4. As the other poster advised: the economy and job market are getting worse, not better.  There was a time when it made sense to back to school, because the economy might improve by graduation.  I believe that such a threshold passed a long time ago.  Now a person who goes back to school will graduate facing even worse job prospects and more debt - in my estimation.  Meanwhile, the government continues to hire people and offer excellent work and benefits.  Judge Gajarsa was a patent examiner, as were many tip-top patent attorneys, so there is absolutely no shame in it.  I always recommend considering the PTO to those who are struggling to find a job.

[plex]

PTO is frozen for this year, so that option is closed for now .  I agree it was, and will be, a good option.

Personally, I think the OP should concentrate on finding a small/mid firm that does litigation, some of it being IP if possible.  That is by far his best shot of not wasting his time and his money if he is really interested in litigation.  And applying for even that will be frustrating.

Patent prosecution is about as different as it gets from litigation.  Litigation jobs, even in IP, mostly care about your law grades and school.  Patent prosecution cares about your undergrad degree in addition to your law degree, and for a good reason, the work is extremely technical and has few similarities to litigation.

[horsechute]

I say become a prison or life guard.

[TXPATLAWYER]

If you want to do patent law, I would get the EE degree. It will be worth the extra time and money.