Monthly Archives: May 2015

Welcome MSPL class of 2016

Posted on by

ND

A post from our (graduate) student blogger Megan

Wow, this is the twentieth blog I’ve written since August. This is it—the last blog I will ever write for the MSPL. I’m not going to tell you how sad I am because in reality, I’m not. The MSPL has set all of us up for success. I’m excited about the future, proud of my accomplishments, and ready to graduate. And on that note, I want to dispense a little advice to the class of 2016 (read this with a funky beat and some background music kind of like Baz Luhrmann’s “Wear Sunscreen”). So here we go, in no particular order are my top ten tips for success in the MSPL:

  1. Expand your horizons, do more, go the distance, get the total experience.

If you made it past the admissions gatekeeper at ND—whom I imagine is a larger-than-life bouncer that views lowly candidates with disdain and throws them to the side with a bellowing laugh—then you have reason to celebrate. You have the opportunity to come to Notre Dame. Wait, did you hear me? You’re at THE Notre Dame… Yeah, that school. The school that has movies made about it and filmed right on campus (ever seen Rudy? If you haven’t, you must watch it before you set foot on this campus, trust me, you will be inspired). Take advantage of the opportunities here and meet the standard—it’s high—but it is worth it.

  1. Get frustrated.

Yep. You will be. At some point during your time here in the MSPL you are going to hit a massive wall like taking an Olympic high dive into a pool, fifty feet deep, full of solid, hardened concrete. Whether it is a tough elective class or an inability to understand the technology that you have to draft a patent application on, you will find difficulty in this program. But difficulty doesn’t mean that it is impossible; on the contrary, it is possible and you will rise to the occasion. When you do hit your wall, stop, step back, take a breath, then resume the task the next day. It will work.

  1. When opportunity knocks, invite it in for dinner.

My mom wrote this quote in a cookbook she gave me one year. I never got past the cover page and this quote (sorry, I’m not much of a cook). But the quote speaks volumes. Everywhere you turn there is opportunity at this place and in this program. Almost every Friday we had guest lecturers that wanted to help us find jobs. We went to California and DC to network with potential employers. There is career counseling available to the MSPL through the law school and the grad school—we double up in this program—we’re pretty lucky. There is something going on all the time. Do you like sports, go to the football games. You will meet alumni there. Like uncovering a pearl inside a shell, there is some kind of opportunity for you, your career, and your life; just keep unearthing these opportunities— one will lead to the next.

  1. Network like a rock star.

If you know me, you know that this is my specialty. I love to talk to people one-on-one. I love meeting new people, making connections, and telling everyone about what I am passionate about and hearing the same from them. But even if you don’t love doing this, have no fear. ND is your place if you like science, tech, law, or anything cerebral. And you will likely connect with the people that you have class with or simply sit next to at the next football game. Hang on to these connections; they are worth a lot in the long-run.

  1. Listen. Did you hear that?

Ok. So.Yeah. This seems simple, right? Well, it’s really not. See, if you’ve been selected to join the MSPL, chances are you are an expert in some field of science, engineering, or law. You must meet certain criteria to get in to this program so you already know a lot and are likely highly educated. However, wise one, you must remember to consider everyone else’s thoughts, emotions, and opinions. Everyone carries their own monologue. Be respectful. Let others talk. You just might learn even more, grasshopper.

  1. Stop studying. Tour the campus.

Do this for two reasons: first, you’re at Notre Dame—this place is iconic; second, you need to just take a break. There is a lot of work in this program. It is intense, I won’t lie. Do not let this truly awesome place just exist around you, though. Get into it. Go to the Basilica even if you’re not Catholic. They give tours there. It’s pretty. Take a pic of touchdown Jesus when you first arrive in the summer, then one during fall, one with copious amounts of snow, and finally, one when you graduate. Cut and paste all these photos together into one and marvel at how the seasons changed while you were busy building your life. You’ll thank me for that pic on your Instagram profile.

  1. Do it right or don’t bother.

If you come here thinking that you will put forth minimal effort and you will magically receive a sparkling degree from ND, think again. Patent law is tough, it requires determination. It will take time to learn the law and how to apply that to your technology. Unless you plan to put 100% effort in, it is not worth the time or cost.

  1. Be patient.

This flows directly from #7. If you want to do something the right way, you will have to be patient. Be patient with yourself and patient with others. Slow down. Ask questions, think before you speak, help those who need it. They will help you; be grateful for this opportunity. There will be times that you will not be patient, but remember, the tortoise wins the race, eventually.

  1. Make friends, they’re your future co-workers.

If you’ve read the blogs from this past year you know that Catie, Roberto, and I all refer to the MSPL as a “family.” We do this for a reason—we really are like a family. We disagree with one another, we laugh with each other, we spend lots of time together, we fight, we make up; ultimately, even with all our quirks and idiosyncrasies, we are a tight, cohesive group. This is a good thing. If there is one thing I learned from law school, it is to be nice to your classmates. I have contacted them on more than one occasion. Patent law is a small group around the world. At some point, you are going to run into the people that you go to school with here in the future. And most likely, you will work with them, too. Be nice; they know what you went through in the past and will be more willing to be there for you in the future.

  1. Live, it up. Enjoy it.

Soak up the ND experience! You’ve heard that old saying that “it’s only life after all.” Well, that’s right, it’s just life. But if you’re going to live it, you might as well live it like tomorrow is your last day. Good luck MSPL’ers of 2016. Stay in touch, tweet me: @patlawchick or email me: musovsky@nd.edu. We’re a family, remember that.

Wonderful, weird patents

Posted on by

A (silly) post from our student blogger Megan

Hey, readers (aka mom and dad), let’s geek out and talk about strange patents! So it just occurred to me that there are about a bajillion weirdo patents out there and nobody gives them any love. Well, at least most of the big names in the patent world aren’t dedicating their coveted blog space to the outcasts of IP society. I’m here to change this, of course. Brown & Michaels, a nice intellectual property firm nestled in Ithaca, New York, clearly agrees with me because they have a page complete with links to wacky patents on their website (check it out at http://www.bpmlegal.com/weird.html). So sit back, enjoy a beer, bacon, or whatever you normally do when you read my blog, and let’s explore the goofy side of IP.

Hamster vestIf you’re like me, you’ve always dreamed of taking your pets everywhere with you. I know, you’re probably saying that with the pet friendly shopping centers and stores that not only allow dogs inside, but also hand out treats to them, you can already take your pets with you pretty much everywhere you go. But what about your hamster? And what about having your hamster really close, like on your body close, all the time, everywhere. Well, that’s what patent number 5,901,666 allows you to do. Aptly titled, “Pet Display Clothing,” this patented invention allows you to wear a vest with clear tubing attached to the clothing that your pet hamster, Hercules, can chill out in while you’re grocery shopping or catching a flight to Bemidji. Haven’t seen this for sale in stores yet? Well, neither have I. The world just isn’t fair.

DividerEven better than a hamster vest, here’s a fantastic invention that my parents would have been thrilled to have when their three children were much younger: “Portable Automobile Partition.” Patent number 6,260,903, in all its genius, allows mom and dad to place a divider inside the car between their kids. I can still remember a family vacation to Florida when my obnoxious younger brother woke both my older brother and me up from a double-dose of parent-approved-deep-car-sleep. He did this by discreetly yanking locks of our hair and laughing. The pandemonium that ensued after that was like none other: screaming, crying, kicking… You name it…we were that family. My poor parents, they still haven’t had more than five minutes of peace and quiet since Reagan was elected the first time. But man, I guarantee if this were on the market back in the 80’s my parents would not have thought that this was an odd patent, to the contrary, they would have thought this was an invention worth buying as many shares of stock in as they could have afforded.

deodorizerLast, but certainly not least, I’ll be me, you be you, just play along:  Me: knock knock!  You:  Who’s there? Me: Orange! You: Orange who? Me: Orange you glad I just set up a patent related to flatulence with a knock knock joke?! Insert laughing emoji. Yes, that just happened. Well, I had to break the ice somehow, or should I say I had to break the wind? Ha. Ha. But seriously, US 6313371 B1 is all about cutting the cheese. Ok, ok, I’ll stop but “Flatulence Deodorizer” consists of “a pad to be worn by a user for absorbing gas due to flatulence. The pad is constructed of activated charcoal cloth disposed between a pair of laminations or layers having multiple perforations therein. The method of use of the present invention is also simple. The pad is non-intrusively taped inside briefs or panties.” Now c’mon…we all know a person that we would give this to at some point…just sayin.’

ear protectorI think by now you get my point, patents are cool. Patent law is neat. Patents can save lives. Underlying technology can be incredibly useful, profitable, and practical. But there is another darker, more rogue side to intellectual property: the outsiders, the Slim Shadies and Pony-boy Curtises of patents, if you will. But don’t discount these bad boys, give them a chance. Read them, laugh at them, but whatever you do, don’t turn your back on them because it’s the pariahs like “Animal Ear Protectors” (US 4233942) that make patent law totally awesome, dude.

Victoria***This blog is dedicated to my friend and inspiration, Victoria R. Zellmer, PhD. Candidate at the University of Notre Dame, who is working tirelessly in the Harper Cancer Research Institute to cure cancer. Science and law are cool, yo!  Rock on girl!

Forever Irish

Posted on by

MSPL at GSVA post from our student blogger Catie

So, here we are at the end of MSPL Boot Camp…

No, wait, I’ve completed the program and I’m graduating in less than a week! I know that it’s cliché, but where did the last 9 months go? Many of us came into the program without really knowing what we were getting ourselves into with this whole ‘patent law’ stuff, but now we’re prepared and excited for the beginning of our careers in a field that we have become engaged in. I came into the program with a weak understanding of what a patent practitioner does and I had a few misconceptions about what their day-to-day lifestyle is like in law firm and in-house settings. Although I still have plenty to learn, I feel like this program has prepared me for whatever tasks and circumstance my first few years will throw at me.

I’ve learned plenty about myself, too. That’s tacky, I know, but I really have. A year ago, as a brand-new college graduate, I enrolled into the MSPL with a vague, narrow-minded vision of what my future would be like. I was really anxious with the ambiguity of everything ahead of me, including the program itself. At this point, I still don’t necessarily know what I’ll be doing a few months from now. Believe it or not, I’m actually not too worried about it. I’ve learned that the potential of work that I could do within patent law is much broader than I expected. I’m not limited to my niche formed by my biology degree. As a matter of fact, this semester, I have been working at an internship where I have had the opportunity to work on technology in mechanical engineering, and it’s been fantastic! I’m really excited about the prospects of working with a broad array of novel technologies in my career. It was not what I had originally anticipated when I thought of myself as a patent agent, but my initial expectations have been exceeded!

I’m also excited about the possibilities of my future. There are many potential opportunities for employment, and I could still opt to further my education, whether that be law school or another higher degree. I still have hopes of someday getting a Master’s degree in genetic counseling, but for now, I want to focus on establishing myself in patent law. If I have learned anything from others in the program (from whom I’ve learned a lot), it’s that there is plenty of time to figure everything out. As one of the babies of the group, I was incredibly lucky to have my friends in the program talk to me about their backgrounds and experiences that have led to the knowledge that they have acquired along their paths. There is a lot of pressure as a soon-to-be or recent graduate to have a job and a rock-solid plan for your future. It’s almost assumed that you’re supposed to have the rest of your life paved out at 22 once you have a college diploma. Everyone in the program showed me that it’s okay to be a highly educated individual who is still trying to carve out a career, or someone who has already worked a professional job and wants to take a different path, or someone who still doesn’t know “what they want to do when they grow up”.

Speaking of the other MSPL’ers, I’m really going to miss the patent law family! We all hit it off from day one, and it led to wonderful friendships over our short year together. As much as I’m excited for the next chapter of my life, I’m sad to be leaving our little circle of friends and Notre Dame. I have to say: Notre Dame most definitely lives up to the hype! It really is a special place, and I consider myself so blessed to have had the experience of becoming part of the Fighting Irish! For that, I have my parents to thank! Attending Notre Dame and being part of the MSPL has majorly exceeded any expectations I had a year ago, and I will be forever grateful for this experience and those who made it happen.

I am now ready and excited for what my future holds, and I am reciprocally so excited to see my patent law family succeed! We have a great bond in a close-knit field, and we will from here on out be part of the great Notre Dame community. Thank you if you have taken the time to read up on any of the knowledge and experiences acquired by the MSPL bloggers; they are representative of our unique journeys through the program, and we appreciate any time that you took to read our thoughts! I am genuinely so happy and thankful to have been a member of this group of MSPL students. Within a short 9 months, Notre Dame became a new home to me, and I can easily say that enrolling in the MSPL was the best decision I could’ve made. “And our hearts forever, love thee Notre Dame!”

Catie Stevens
cmstevens8@outlook.com
LinkedIn

Being a woman in patent law

Posted on by
USPTO Director Michelle K. Lee, the first female to be elected for the position, was appointed by President Barack Obama in 2014

USPTO Director Michelle K. Lee, the first female to be elected for the position, was appointed by President Barack Obama in 2014

A post from our student blogger Catie

As a starting note: this blog post is more of an opinion piece, and reflects my experiences and the summation of what I’ve learned from the perspective of a woman entering the field of patent law. While mostly positive, my experiences may not be identical to those of other women. This is simply one perspective.

Many people, both men and women, cringe at the mention of ‘feminism’. However, equality between the sexes is an important topic to contemplate in all aspects of life. I’m not writing this article to put down or offend men in patent law, or in general. I would just like to point out that, for the time being, patent law is a field dominated by men. It’s a simple fact. In the last few years, only about 1 in 4 newly admitted practitioners to practice patent law before the USPTO were female (Kahler, 2013). This is highly influenced by the imbalanced ratio of men to women who have the technical background to sit the patent bar. If you would like to read more about this, please read the following Law 360 article and Intellectual Asset Management article. As a biologist, nothing makes me happier than to see a growing number of young women enter the STEM fields, of which I consider patent law to be included. Although a change is occurring, patent law is still basically a “boys’ club”.

This year’s MSPL cohort consisted of ten students, seven of whom are female. Although we experience different perspectives due to our diverse backgrounds, we noted several times this year that there has been a distinct shortage of women patent practitioners amongst the many guest speakers and hosts that we had the pleasure of meeting. When we did have female guests, they would often marvel at how many women were in the program, and they would speak with excitement and encouragement in telling us that we have made a great choice in entering the field. As much as we appreciated and enjoyed ALL of our guest speakers and hosts throughout the year, we were always really excited to speak with other women practitioners and hear their stories.

However, going beyond the smaller numbers of women in patent law, mindset is very important. As discussed in the above referenced Intellectual Asset Management article, Howrey Women’s Leadership Initiative associate Alyson Barker made a statement about how making sure women are treated as equals is more important than having equal numbers (2008). I feel as though this is the bigger challenge for women in IP careers. I once spoke with a female guest speaker after one of the MSPL lunch and learns, and she verified that being female in the field of IP will bring some challenges. She also touched on the idea that the struggle is not necessarily finding a job as much as being viewed as an equal and making your way up the ladder to the point where you get to call some of the shots.

This is exactly why it is important for new female patent agents and those considering the field to meet and be in contact with other female patent agents and attorneys. With solidarity, women in patent law can support each other and achieve higher. At least for myself and a few of the other women currently in the program, interacting with other women in the field that we’re entering not only gave us realistic insight into what it’s like to be a woman in patent law, but it quells some of the internal questions of “Can I attain a successful career?” and “Will I be taken seriously?”. In establishing a bigger presence of women in the field and forming a larger network of women in patent law, I believe that women will begin to fill more of the higher job positions and break through some of the barriers that are holding them back.

As a feminist, of course I plan on advocating for more girls and young women to pursue degrees in the STEM fields and join the realm of patent law, as well as promote equality between the sexes in the existing IP workforce. I believe that the field will benefit from both an increased presence of women and the equal influence of men and women in the future of IP. I think that together, we can work towards resolving some of the caveats that exist in the patenting system. I also believe that USPTO Director Michelle Lee will make a huge impact on patent law during her career, as she works to better the quality of issued patents to assist in stifling patent trolls. Not to mention, right here at Notre Dame, all MSPL students and alumni have been lucky enough to have Karen Deak direct the program and support us throughout the nascence of our careers. The MSPL is a great program that would not exist without Karen, and I have her to thank for enthusiastically encouraging me to join the program from first introduction.

Don’t get me wrong: I still expect to face some adversity in my career. Although I’ve been pleasantly surprised so far with the respect that my opinions have generally been given, I’ve still experienced a few bumps. Sometimes my opinion is dismissed, and many times I have been cut off while speaking. I’m not always treated as though I know what I’m talking about. Maybe this is because I’m a woman, or because of my lack of hard experience in the field, or because of my educational background. Regardless, I expect to have to fight to be respected going forward. I fully intend on being myself and unabashedly standing by my opinions. Although remaining a humble person and learning from those both above and below you are important skills, I plan on respectfully asserting my intelligence and will push to be treated as an equal. As a final note, I want to share that ‘feminism’ is listed as a personal interest on my resume. I most definitely encourage other feminists (both male and female) to do the same. It’s definitely a point for conservation, as a few recruiters and employers have told me that it caught their eye while looking over my background. Not to mention: it’s an opportunity to support the equality of men and women in the IP workforce!

 

Adams, Sara-Jayne. “Women in Patents: Breaking Through the Glass Ceiling”. Intellectual Asset Management Magazine 2008.

Kahler, Annette. “Women Joining the Patent Workforce”. LANDSLIDE 2013, American Bar Association: Vol. 5, No. 4.

Stefanini, Sara. “Female Lawyers Say IP Still Male-Dominated World”. Law360 2008.