Guest Post: IP LLM Guide

As LLM application deadlines approach, I thought it could be helpful for us to put out some guidelines or factors that applicants may want to consider while going through the tedious process of application and selection of universities – especially for those who are looking specifically at IP focused LLMs. (For those interested in a general LLM guide, Livelaw has put out a detailed 4 part series here). I asked Krithika D.N. if she could write us a guest post on this and she very kindly obliged. Krithika is an IP & Technology lawyer and a graduate of Stanford Law School’s LLM (Law, Science and Technology) program. As is usually the case, no advice should be taken as set in stone; but I do believe this can help guide IP LLM aspirants in making the choices that lie ahead of them. The guide focuses on what factors one should look at rather than directly naming any particular universities.

IP LLM Programs – A guide

It’s that time of the year again when you are finishing up with your SOPs, pruning your resumes and clamoring to get feedback on your LLM applications from that elusively busy senior from law school. Choosing the right LLM program for your career can be a daunting task given that there are several factors that go into making that decision and tons of opinions – often conflicting – floating around which make the process more confusing than it should be. Through this post, I attempt to outline some factors that went into making my choice of an LLM program. While some of these aspects might be applicable for all LLM programs in general, it is of specific relevance to IP LLM programs.

Number of schools considered: I had a lot of people advise me to apply to as many as 10-15 IP programs so that I had a greater chance of securing an admission. I disagree with this approach simply because my focus was on the quality of the program and not on securing an admission. Lot of time and money goes into applying for each program and I did not want to waste either of those on programs I knew weren’t worth my one year’s investment. I would advise you to focus on a smaller number of schools (I applied to only 3 – probably an extremely small number) whose programs you are sure are worth you. More often than not, a great law school does not necessarily mean a great program.

Location: US or Europe? That was one question I considered and resolved quickly. Some of the best IP LLM programs available in the world are in US law schools. I was clear I did not want to apply to more than 5 schools. I am sure there are top notch LLM programs available in Europe but as far as IP programs go, I believe US programs are currently better. For instance, one look at LLM rankings in Europe law schools shows that schools that feature exclusive IP-focused LLMs do not feature in the top few. Hence, I chose US. I base this conclusion on several factors, a few of which are outlined below.
[Editor’s note: Though I did end up going to US for my own LLM, choosing between US and European Universities was not an easy choice for me. There are some very good Universities in Europe that are worth serious consideration. Especially when the question of finances and aid comes into the picture].

Choosing schools for the shortlist: Note that a great law school does not necessarily mean a great LLM program and specifically, a great IP LLM program. A great law school (in terms of US law school rankings not LLM rankings) usually means a great JD program and this has very little bearing on your LLM experience.  Just because a law school offers an IP-LLM does not mean that it is better than all other general LLM programs out there with choice of IP subjects. You can take up a general LLM program and make it IP-focused by choosing the appropriate courses.  So my advice is not to get drawn by the name of the program and to focus on whether or how you can structure it to suit your interests.

Faculty: This was one of the more important factors which influenced my decision. It is important that the school has faculty specialized in IP and that they actually offer courses in your program during the academic year you plan to study there. Oftentimes, the faculty advertised on the law school’s website may be guest faculty, or on a sabbatical during the year you plan to study. Sometimes, the courses offered by your favorite professor may be an advanced one with prerequisites (i.e. prerequisite basic courses which are taken by JDs in their 1L years, for instance) and hence, not offered to any or all LLM students. This is significance to students who are interested in a particular branch of IP. For instance, the IP faculty the law school boasts of (say, a world renowned trademark professor) may not end up actually teaching some of the courses you may be interested in (say, in advanced patent law), because it is not their specialization. You would be better off doing your research to ensure that the best faculty in the law school offer at least one or two courses that may interest you. So make sure you have an opportunity to study under renowned faculty during your time in the school.

Courses: Needless to say, make sure you have enough IP courses to fill your credit quota for each quarter. [Editor’s note: Most universities follow the semester system rather than the quarter system]. It is preferable to have greater choice in slightly advanced courses than in the more basic ones which you are probably already skilled at. This is where it would be helpful if you had an idea of the branch of IP you would like to focus on. Distribution of courses (in terms of credits) across the quarters is another factor. I lost out on some really interesting courses because I did not have enough credits left that quarter or because it clashed with another equally good course. Of course, these issues cannot be avoided altogether but it is good to know that as far as possible, you are not overloading one quarter and being super light in another quarter simply because you didn’t have good courses to take your time. It would also be worthwhile to explore opportunities for IP Clinics for LLM candidates. LLM students may not be eligible for taking up Clinic courses even if they are offered by the law school since the application process for these courses are sometimes completed a year in advance (and hence, restricted to JD students).

Courses outside law school: Inter-disciplinary exposure can be a really exciting part of your LLM experience. Opportunity to take courses outside the law school (considering the University of your choice has departments other than law) can be a highly rewarding experience both professionally and personally. IP & Antitrust, IP & Economics, IP & Medicine, IP & Engineering are upcoming focus areas which must be kept in mind while browsing through courses offered and an opportunity to take courses in disciplines like biology, engineering, medicine or economics can only be a positive thing.

Career Services: If you are set on returning to India after your LLM, you will not have to bother about this aspect. If not, notwithstanding your own professional network and individual effort in the matter, the career services office of the law school you are part of becomes one of the most important parts of the LLM experience. I cannot stress enough on the fact that an outstanding performance of a US law school in placements after graduation does not necessarily imply strong support for LLM students. Placement metrics that factor in rankings (which may be your point of reference) are in reference to JD students and usually do not include placements for LLM students. It may be important for you to make sure that LLM students in the law school you choose are adequately supported by the career services department of the school in getting suitable employment opportunities after graduation. This is significant in the case of IP-LLMs since a science background is an important requirement for patent law opportunities in the US.

Alumni Network: A strong alumni network of the law school which you can be part of after your LLM is an often understated factor in choosing your program. Alumni networks serve one professionally for years to come and should be considered carefully before you decide on a program. The alumni of a school can also be an extremely useful resource for information on any of the aspects discussed in this post before you make a decision.