Patent systems and patent laws exist to promote investment in and development of technology. The recently-enacted America Invents Act (AIA) and certain U.S. Supreme Court decisions over the last 5 years have brought the most dramatic changes to U.S. patent law in more than 50 years. This course focuses on the fundamentals of U.S. patent law including patentability, infringement, inventorship, and ownership. The course will also explore some of the underlying themes in patent law as well as the purpose of and justifications for a patent system. The course reading includes the patent statute (Title 35 of the United States Code) both pre-AIA and post-AIA and selected case law primarily from the U.S. Supreme Court and U.S. Court of Appeals for the Federal Circuit. The course will generally address both the procurement and enforcement of U.S. patents. Although this course will cover the legal principles underlying patent claim drafting and patentability, this course will not focus on patent practice and procedure.

Students will build on their basic claim drafting skills by learning the rules, regulations, customs, and practices for dealing with the United States Patent and Trademark Office (USPTO) when filing and prosecuting patent applications. Students will draft one complete patent specification and claims as well as responses to two USPTO Office Actions. Students may also prepare additional documents for filing with the USPTO. The course format is 2 hours per week of traditional lecture and discussion to cover theory and general principles plus regularly scheduled small group section meetings with a local practicing attorney. During the small group section meetings, the practicing attorney will discuss and provide feedback on the patent application and responses prepared for the course. Eligibility: Open to all except 1Ls. Prerequisites: PPI and Patent Law. Course format: lecture. Grading: final exam, 25%; class prep. and participation, 5%; regular submissions/quizzes, 10%; other (see syllabus), 60%. This course cannot be taken for an S/U grade.

In the world of intellectual property, international borders can be both nebulous and critically important. The rapid development of international trade and information technologies makes it increasingly important for lawyers to understand the international aspects of practicing intellectual property law, particularly those aspects involving copyrights, trademarks and patents. Media (including books, music, and movies) can be easily uploaded to the Internet and copied and made instantaneously available everywhere in the world. Products implicating multiple patents and trademarks can be designed and developed in one country, assembled in another, and imported and marketed in still a third. Clients may need to enforce their rights against foreign parties domestically or overseas, or to engage in international licensing transactions. This course will provide a survey of cross-border legal issues that general face lawyers who counsel clients on matters of intellectual property and international trade. The course will introduce the basic contours of international principles, treaties, and institutions regarding intellectual property, and will introduce significant substantive and procedural differences between the United States and other countries in the world. Eligibility: Open to all except 1Ls. Course format: lecture. Grading: other (see syllabus), 100%. This course may be taken for an S/U grade.

This course approaches sports and entertainment law through the lens of intellectual property. By studying cases, current events, and controversial disputes, students will expand their substantive doctrinal knowledge of the major IP rights regimes, including copyright, trademark, trade secret, right of publicity, and patent law, all in the context of the sports and entertainment industries. Over the course of the semester, they will learn about how each regime factors into the legal challenges that arise within the sports and entertainment industries, and will consider how each set of rights can be used to protect the various entities that comprise each industry.