Simply stated, patent prosecutors deal with filing and registering patents ith the USPTO. The term “patent prosecution” also typically encompasses patent counseling (e.g., writing opinions regarding whether a certain invention is patentable).
Patent litigation is more akin to general litigation, but the parties are litigating issues relating to certain patents. Unlike patent prosecutors, patent litigators do not need to have a science background. However, having the science background is very helpful in terms of understanding the technology, which is often highly complex.
Typically, patent litigation is more lucrative than patent prosecution because patents are so valuable and the stakes are so high. For example, if a company loses a patent, it can lose millions upon millions of dollars.Thus, the big picture is important in patent litigation, and clients are much more willing to spend $1-to-10 million on legal fees if it means saving $10-to-100 million in the long run.