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What Does an IP Lawyer Do in BigLaw?

BigLaw Bear · 2 min read

What Does an IP Lawyer Do in BigLaw?

Intellectual property law in BigLaw is broader than most people realize. It encompasses patent litigation, patent prosecution, trademark counseling, trade secret disputes, and copyright issues. The work you do depends heavily on which sub-specialty you enter.

Patent Litigation

Patent litigation is the highest-revenue IP practice in BigLaw. When companies sue each other over alleged patent infringement, the damages can be enormous. Patent litigators handle these cases from filing through trial.

A technical background (engineering, computer science, biology, chemistry) is a significant advantage. You need to understand the technology at issue to argue effectively about whether a patent was infringed.

Patent Prosecution

Patent prosecutors (not to be confused with criminal prosecutors) help clients obtain patents from the USPTO. This involves drafting patent applications, responding to office actions, and advising on patent strategy. You need a technical degree and to pass the patent bar.

This work is less common in BigLaw (many patent prosecutors work in boutiques), but some large firms have prosecution practices, especially in life sciences and tech.

Trademark and Brand Protection

Trademark lawyers help clients protect their brands. This includes registering trademarks, enforcing them against infringers, and advising on brand strategy for new products and markets. No technical background required.

Trade Secrets

Trade secret litigation is growing. When employees leave for competitors and take proprietary information, trade secret lawyers step in. This often involves emergency motions for injunctions and fast-moving litigation.

Who Should Consider IP

If you have a STEM background, IP opens doors that other candidates can't access. Patent litigation firms specifically recruit people with technical degrees. If you don't have a technical background, trademark, copyright, and trade secret work are all viable paths.

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