Electives: Intellectual Property
D. Intellectual Property
Introduction
Beginning in the second semester of their first year, Pierce Law
students with an interest in intellectual property (IP) are offered
many course opportunities. During each year, over 30 separate IP
or IP–related courses are consistently offered (ranging from some
running in both the Fall and Spring semesters, to some for fewer
credits in the Summer). This curricular advice is intended to
help students interested in pursuing an IP specialty to choose among
them. Students have extensive curricular opportunities without
compromising their needs for general legal education and bar
preparation. The first year curriculum, comprising mostly basic
bar courses, permits one spring elective. Those interested in an
IP–related career should elect Fundamentals of IP in either the second
or third semester. It not only integrates the broad spectrum of
IP subject matter, but it also relates to subjects such as torts, civil
procedure, property, contracts, remedies and constitutional law.
Before graduating, students must also take a number of upper–level
required courses, including Administrative Process and at least one of
several advanced writing courses. In that context, it is worth
noting that Professor Tom Field's Administrative Process course pays
particular attention to the Patent and Trademark Office (PTO), the
Copyright Office, the International Trade Commission, and other
agencies of potential importance to IP lawyers. It is worth
noting also that several IP electives satisfy the Upper Level Writing
Requirement (e.g., Advanced Topics in Trademark Law, Current Issues in
InfoTech and IP, Patent Practice II).
Even if students are determined to specialize in IP, however, they are
strongly urged to pay particular attention to semi–optional bar courses
such as Business Associations, Evidence, Family Law, Commercial Law,
Personal Tax, Remedies, and Wills, Trusts and Estates. If nothing
else, some may be prerequisites to other electives of interest.
Yet, even with all the aforementioned courses included, students who
choose to graduate with only the 84 credits will still have over 20
elective credits available to fill. By taking 16 credits in each
of the last four semesters, over 30 elective credits will be
available. Moreover, since students have limited employment
options between their first and second years, many enroll in summer
school. Those who do can easily acquire 99 credits total and earn
the unique and well–regarded Masters in Intellectual Property, Commerce
and Technology. This program is currently being revised so
interested students should check the website or contact the Director of
Graduate Programs.
Students should note that almost all of Pierce Law's IP courses are
complementary to one another, and to whichever area of IP
specialization (e.g., patent, trademark, copyright) is pursued.
Many of the IP courses also deal with "real world" situations and offer
"hands on" experience, including licensing, IP management and
litigation scenarios.
Patent Law
Among the possible types of IP careers, patent law is unique. The
value of patents, whether covering the equivalent of a square inch of
Arctic tundra or a square mile of Manhattan, is primarily determined by
the scope of claims granted by the U.S. Patent and Trademark Office
(PTO). Narrow claims are of little use if they can be evaded, but
claims that are too broad are invalid. Obtaining adequate claims
is thus important work, but a PTO bar examination is needed. Candidates
also must have acceptable technical credentials before they can sit for
that exam.
Except for practicing before the PTO, the patent bar is not
required. Still, opportunities to negotiate and draft licenses,
sue infringers, and advise on ways to protect trade secrets, not to
mention file appeals from the PTO, are limited for anyone who has not
passed the PTO exam.
Patent practice opportunities are also and perhaps more, influenced by
particular technical backgrounds. Chemical, computer and
electrical engineers and Ph.D.s in the biological sciences are in high
demand. Students without those backgrounds should investigate
their employment prospects before making major investments in patent
courses, much less trying to sit for the PTO exam.
However, anyone's prospects can be strengthened by the solid set of
courses that uniquely qualify Pierce Law graduates. Ones of particular
interest include Patent Law, Patent Litigation and Patent Practice I
and II. Some of these courses also satisfy the Upper Level
Writing requirement.
Additional important electives would include Antitrust, International
and Comparative Patent Law, IP Management, Non–Profit Technology
Transfer, Technology Licensing and World Trade and World IP Law and
Institutions. Students may also be interested in Law and
Biotechnology. Students should be able to take all of those
courses, Fundamentals of IP, all bar courses mentioned earlier, as well
as IP–related Administrative Process and other required courses and
still graduate with approximately 84 credits.
Depending on backgrounds, students may also find Copyright Law, for
example, helpful. Students who elect to graduate with more than the
minimum credit requirement would naturally have little difficulty
electing several such courses, as well as advanced business and
litigation courses, clinics, externships, moot court and journals.
Trademark Law
Because source identifiers are hard to avoid, trademark law offers
numerous career opportunities. Many organizations possess trade
secrets, patents and copyrights, but most (whether charitable or
commercial) also need to protect their unique identities.
Further, patents and copyrights expire, and trade secrets can become
common knowledge, but marks often become only more valuable over time.
Many lawyers are needed to acquire and maintain PTO and, to a lesser
extent, state trademark registrations. They also litigate to
prevent the use of confusingly similar marks, draft licenses, pursue
cyber squatters and counterfeiters, and educate the media and the
public on the correct use of marks. Trademark lawyers also
increasingly register and otherwise protect domain names.
A student who has taken Fundamentals of IP will find Trademarks and
Deceptive Practices (3 credits; 2 in Summer) to lay the foundation for
International and Comparative Trademark Law, Inter Partes Practice
before the USPTO, Advanced Topics in Trademark Law and Federal
Trademark and Registration Practice.
Other courses of potential interest include Antitrust, Advanced
Licensing Institute, Comparative IP for the Information Age, Cross
Cultural Negotiations for IP Disputes, Current Issues in Information
Technology, Intellectual Property and Transaction Clinic, IP
Management, Introduction to Chinese IP Law, Technology Licensing,
Valuation of IP, World Trade and World IP Law and Institutions. A
few courses are offered only in China or Ireland, but most are
available in Concord, and several are offered in both fall and spring
semesters.
Students interested in trademarks can easily fit all of those courses
into their schedules. Those opting to graduate with more than 84
credits could also choose among, for example, advanced business and
litigation courses relevant to their backgrounds and career
objectives. Such students will also have expanded opportunities
to differentiate themselves by participating in externships, moot court
and journals.
Copyright Law
Expanding duplication and distribution methods – especially ones
related to digital technology and online transmission – have generated
considerable public attention and alerted most people to the importance
of copyright protection. Copyright protects works ranging from
books, music, and motion pictures to computer software from
unauthorized copying, adaptation, distribution, and public performance.
Unlike patent law, relatively few lawyers specialize in copyright
licensing and infringement litigation. Yet, copyright law
potentially affects many individuals and businesses, as well as
nonprofit organizations such as schools. Further, many law firms
and corporations maintain both IP litigation and transactional
practices.
Because, as with trademarks, no particular background is needed for
copyright practice, students seeking work in that area should take
advantage of any pre–law experience, get a good grounding in business
law and take full advantage of Pierce Law's offerings. Both
Fundamentals of IP and Copyright Law (3 credits; 2 in Summer) lay the
foundation for electives such as International and Comparative
Copyright Law, Managing Knowledge Assets in the University, Nonprofit
Technology Transfer, and Copyright Licensing. Those courses also
complement the Technology Licensing and Advanced Licensing Institute
courses.
Suggestions at the end of the prior trademark discussion as well as
most of the following discussion of Cyberlaw, sports and entertainment
law also warrant the attention of students wishing to study copyright
law.
Related Areas: Cyberlaw, Entertainment and Sports
The advent of the so–called "Information Age" and the "Digital Economy"
has created new career opportunities for IP lawyers. Although,
unlike patent law, it is not currently essential to have taken courses
in Cyberlaw or e–Commerce to practice in these areas, students who are
interested in pursuing a career doing such work are strongly advised to
take those courses. Even if a student has no definite plan to
become a technology lawyer, the nature of IP practice is such that some
knowledge in these cutting–edge fields, coupled with a solid grounding
in traditional IP, would provide the student with a broad and flexible
background in modern IP law and practice.
Courses in these areas currently offered by Pierce Law include
Cybercrime, Current Issues in InfoTech and IP, and e–Commerce and the
Law. Students interested in technology and Cyberlaw should also
consider at least one licensing course and relevant business law
courses.
Several other practice areas straddle or closely parallel copyrights
and trademarks. Emerging rights of publicity, for example,
discussed from differing perspectives in Fundamentals of IP and several
other courses, enable well–known entertainers and sports stars to
sometimes earn more from endorsements than from activities that made
them famous.
Merchandising is also big business. Thus, for example, besides
negotiating broadcast rights for competitive events, sports
organizations generate important income by licensing use of their names
and logos. In the entertainment industry, it has been noted that
the advertising budget for licensed items based on Jurassic Park was
three times the advertising budget for the movie itself.
Students with strong interests in such areas should select both
copyright– and trademark–related courses. Beyond the basic
courses, they should be alert to the availability of courses such as
Sports Law, as well as to employment, family, and tax law.
Whatever their specific interest in IP, students should have no
difficulty putting fifteen (15) or more immediately relevant credits on
their transcripts. And those can be supplemented, as previously
mentioned, with work on journals, moot courts, externships and the like.
Generic advice is necessarily limited by diversity in pre–law
employment and education, as well as by diversity in career and other
objectives. Students determined to get the most from Pierce Law's
IP offerings should consult as many sources as possible. Among
these are Career Services, practicing lawyers, and faculty who teach
courses being considered, as well as students who have already
completed them. There are also numerous online resources offering
information about IP organizations, jobs and placements.
Joining the Student IP Law Association or the local student chapter of
the Licensing Executives Society can also be useful for meeting and
exchanging ideas and information with classmates and more senior
students. Taking an active role in such organizations also
enhances opportunities to network with, and learn from, practicing
attorneys.
Depending on individual interests, the American Bar Association IP
Section, the American Intellectual Property Law Association, the
Copyright Society, the Federal Circuit Bar Association, and the
International Trademark Association should all be considered with such
ends in mind. Most, if not all, professional organizations have
reduced rates for students. Some have job fairs and otherwise assist in
finding jobs. All host meetings where students can verify their
competence as well as engage in networking. Finally, electronic
and print publications of professional organizations also convey a good
sense of topics, cases and issues of current interest to IP
practitioners – things very helpful to know before sending out resumes
or when preparing for job interviews.
1. Patent Law
Essential
* Fundamentals of Intellectual Property: F, S
* Patent Practice I: F
* Patent Practice II: S
* Patent Law: F
Recommended
* Technology Licensing: F, Summer
* Either International and Comparative Patent Law (F) or World Trade and World IP Law and Institutions (F, S, Summer)
* Antitrust: S
* Federal Courts: S
Useful
* Copyright: F, S, Summer
* Trademarks: F, S, Summer
* Advanced Licensing: (offered during the
winter break)
* Valuation of Intellectual Property: Summer
* Intellectual Property Taxation: Summer
* IP Litigation: S
* IP Management (S, Summer) or Managing Knowledge
Assets in the University (S)
* Environmental Law: F
* Start–up Company Finance: S
* Biotechnology and the Law: F
Practical Skills
* Patent Practice I: F
* IP and Transaction Clinic: F, S, Summer
* Technology Licensing: F, Summer
* Cross Cultural Negotiations (Summer only)
* Mining Patent Information (Summer)
* IP Amicus Clinic: F, S
Related Upper–Level Writing Courses
* Patent Practice II: S
* IP Litigation: S
* IDEA: F, S
* Remedies (small section only): F
2. Copyright, Entertainment and Telecommunications
Essential
* Fundamentals of Intellectual Property: F, S
* Copyright: F, S, Summer
* International and Comparative Copyright: S
Recommended For All
* Trademarks: F, S, Summer
* First Amendment Law: F
* Federal Courts: S
Recommended for Information Technology Emphasis
* Antitrust: S
* Current Issues in Information Technology and
Intellectual Property: F
Recommended for Sports or Entertainment Emphasis
* Entertainment (Summer) or Sports Law (S)
* Personal Tax: F
* Estate Planning: S
Related To All
* Antitrust: S
* Valuation of IP: Summer
* World Trade and World IP and Institutions: F,
S, Summer
* Start–up Company Finance: S
Related to Information Technology Emphasis
* e–Commerce and the Law: F
* Cybercrime: S
* Cyberlaw: Summer in Ireland
* Patent Law: F
Related to Sports or Entertainment Emphasis
* First Amendment Law: F
Practical Skills
* Copyright Licensing: S
* Cross Cultural Negotiations (Summer only)
* IP and Transactional Clinic: F, S, Summer
* IP Amicus Clinic: F, S
Related Upper–Level Writing Courses
* Current Issues in Information Technology and
IP: F
* First Amendment Law: F
* IDEA: F, S
* Remedies (small section only): F
3. Trademark and Related Law
Essential
* Fundamentals of Intellectual Property: F, S
* Trademarks: F, S
* Copyright: F, S
* Antitrust: S
Recommended
* Federal Trademark Registration Practice: S,
Summer
* Federal Courts: S
Related
* Technology Licensing: F, Summer
* Intellectual Property Management: S, Summer
* International and Comparative Trademark:
(Alternating Spring &
Summer)
* International and Comparative Copyright:
(Alternating Spring &
Summer)
* Inter Partes Practice Before the PTO: S
* Valuation of IP: Summer
* World Trade and World IP Law and
Institutions: F, S, Summer
* Cyberlaw: Summer in Ireland
* Current Issues in Information Technology and
IP: F
Practical Skills
* Technology Licensing: F, Summer
* Cross Cultural Negotiations (Summer only)
* IP and Transaction Clinic: F, S, and Summer
* IP Amicus Clinic: F, S
Related Upper–Level Writing Courses
* Current Issues in Information Technology and
IP: F
* First Amendment Law: F
* Remedies (small section only): F
