Author Archives: Catherine

A balancing act

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sculptureA post from student blogger Brittany

After two solid months into the program I’ve come to the realization that I need to do better with time management. I came in thinking I could say YES to every opportunity presented to me without realizing how much time was actually required for the program itself. When I first saw my schedule and it was just one 2 hour class each day, I was in heaven. It reminded me of undergrad and all the time I would have to get my assignments completed and still have time left to do other things. However, despite the fact that my schedule was seemingly wide open, I underestimated the amount of reading required for my capstone projects…yes PROJECTS and making time for opportunities that would significantly benefit my career development.

Initially I began with one capstone project in the field of biomedical engineering with a new technology that was pretty close to my field of study so it was easier to digest and complete assignments, but my second capstone project has been rather difficult seeing as though the technology is exclusively engineering based with an application to endoscopic surgery. I literally spent an entire evening watching endoscopic surgeries on YouTube and despite how graphic they were: they were particularly helpful for my understanding of the technology.  Conducting expansive research AND understanding the findings for each capstone project necessitates time because there is no way I can or should even want to write specifications and claims for technologies that I don’t understand.

In addition to the requirements of the MSPL program, I am also a member of the Office of Technology Transfer (OTT) Business Competition Team and I work as an Intern at the OTT. I can honestly say I am gaining some invaluable experience that will be applicable to my future as a patent practitioner. Assisting with the development of a business plan for a new biotech company and conducting marketability searches for new technologies allow me opportunities to become familiar with what could potentially happen after a patent is granted.

Despite there being a lot on my plate right now, I want to make sure that I am giving each of my responsibilities my best effort as to get the most enjoyable experience out of such a short time here at ND because it’s already been 2 months but it feels like we just got here.

What is this patent pending you speak of?

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cartoon

A post from student blogger Nicole

Patent pending.  A term that many people have heard before, especially for all the Shark Tank lovers out there.  For those of you that don’t know what it is I will be happy to explain.  Patent pending is the period of time from filing a provisional patent application to the allowance of your nonprovisional patent application.  In the case that you didn’t file a provisional patent application it would be the time from filing a nonprovisional patent application to the allowance of the nonprovisional patent application.  Phew! I think I said patent application too many times!  Let me clear that up even more.  A provisional patent application is an application you can file before the nonprovisional that contains an informal general idea of the invention to get your foot in the door at the patent office.  For example, when you go to file your nonprovisional you are able to say that you had this idea at the time of your provisional filing.  This is important because if someone else goes to patent a similar idea, then you have proof that you had the idea before them.  Also for you Shark Tank lovers, those people file a provisional patent application on their idea just to say that it is patent pending on the show.  An added bonus would be that you are able to say patent pending for the full year of the provisional patent along with the time it takes for the nonprovisional to be granted.  One thing you should know about the provisional patent is that it does not contain any legal status instead it is just a place holder for a future nonprovisional patent.  This nonprovisional that I’ve been mentioning is the formal legal application for obtaining patent rights on a particular invention.

Okay so enough about all this definition mumbo-jumbo.  I wanted to talk about patent pending because I see it everywhere!  It’s on the bottom of drink containers, on cooking utensils, and even on disposable tupperware containers.  I believe it was this MSPL program that opened my eyes to another world. The patent world.  Ever since starting this program I see patent pending on a lot of different items.  It’s funny to think about because now I actually look for patent pending and patent numbers on things that I buy or use.  I get excited to see if something is patent pending or already has a patent.  I actually try to guess what it is that’s unique or separates it from similar items.  Just be ready for this to happen to you when you become a member of the MSPL program.

Speaking of patents, I have a warning for those of you with new ideas.  Don’t listen to those commercials that say they can help you with your invention.  It’s a scam! All they do is get a design patent which only protects the look of your invention and not the invention itself!  I was shocked when I found out about this.  Can people really be that shady?  Well now that you know not to listen to those commercials, just give me a call when I become a patent agent, and I’ll do it the right way.

Resisting temptation

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A post from student blogger Josh

“I can resist anything but temptation” – Oscar Wilde

Life is full of tempting things, and since MSPL is part of my life, it comes with a share of temptations as well. The quote entitling this post is from “Lady Windermere’s Fan”, Oscar Wilde’s first play to receive any serious attention. I would love to say that the reason I know this quote is because I am a fine gentleman of the most exquisite literary tastes, but in reality it happens to be scrawled on a ceiling beam at O’Rourke’s Public House. This is a lovely place to contemplate blog postings or whatever else one does after a pint or three, and it’s located right across from campus. For those of you less familiar with Wilde’s work, he is known for poking fun at society (in the late 19th and early 20th century) through satire and clever one line jokes, but his accuracy and brevity would probably also make him a decent patent agent (provided he had the appropriate technical knowledge).

So what about MSPL is so tempting that one mustn’t do? In this case, it would be to forget about one’s technical credits. For those considering MSPL fresh from undergrad, you’ll have to take these (students with advanced degrees are exempt, though you’ll have to write two capstones). These are graduate level classes in the college of science, and you’re required to take two in the first semester and one in the second semester of the MSPL program. We talk all the time on this blog about our classes on patent searching, application drafting, prosecution, and our capstone projects; but truthfully, I spend more time in my technical credit classes, do more homework, and have more exams. Despite this, I’m still constantly tempted to forget I actually take them. Perhaps it’s because the professors who teach our patent classes are so enthralling, or maybe it’s the direct connection between each of their lectures and my future career, but I never find myself scrambling to do one of their assignments an hour before it’s due.

If you’re foolish enough to take advice from me, I would impart this little gem: DON’T BLOW OFF YOUR TECHNICAL CREDITS. Yes, they are not necessarily as relevant to patent law as the MSPL classes; but they’re electives, so you can pick things that interest you!  In addition, as a practicing agent, you may very well run into a disclosure that you wouldn’t have understood without taking one of them. Before this semester, I knew next to nothing about electrochemical cells or how to program smartphone applications. Truthfully, I knew very little about the physical structures and digital protocols behind wireless and wired networking until last night at midnight, because they were the subject of my midterm exam at 9am. Now that I’ve studied (and will continue to study more earnestly) these fields, I find that I can apply my knowledge of physics to them more effectively, increasing my potential utility as a patent agent. Plus, if you actually pay attention, you don’t have to cram for a midterm with a sinus infection. This is obviously a serious bonus. To conclude as I began:

“I always pass on good advice. It is the only thing to do with it. It is never of any use to oneself.” – Oscar Wilde

(I’ve actually read this one; it’s from “An Ideal Husband”).

“The stupid nipple apertures would be a manufacturing nightmare…”

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A post from student blogger Josh

Admit it, you seriously considered skipping over this post and moving on to one with a pretty picture until you read the title, which is a direct quote from one of my classmates and actually relevant to our coursework in MSPL.

When I was growing up, my parents told me that there are some phrases you could never imagine yourself saying until you became a parent. An article posted a few days ago on Popsugar listed some of these lovely things, my (work/blog appropriate) favorites of which include “why would you want a booger collection?”, “why are you taping candy to the wall?”, and “no, you cannot ride in the trunk”. I’m not a parent, but there is a growing list of things I never thought I would say or hear that have come to light since I decided to become a patent agent. So why would anyone ever professionally say “nipple apertures”, and what does this ridiculous utterance have to do with patent law?

Thankfully, this is not a common legal term (because my inner 5 year old would giggle every time I had to make eye contact and say it with a straight face); however, it is what a patent agent or attorney would call a “term of art”. A term of art is an accepted phrase in patent literature used to describe a facet of an invention, and generally has an accepted definition. One of the best things about writing a patent application is that you’re actually allowed to make up your own words and terms, provided that you give explicit and concrete definitions for them. In this case, the patents up for discussion were a part of our patent application drafting course, and pertained to a selection of nursing bras for mothers. There are hundreds of patents on nursing bras or various facets thereof that one can easily discover using Google patents, with a variety of designs to provide better comfort, fitment, functionality etc. In comparing these designs to one another, one often finds that similar or even identical phrases are used to describe parts common to multiple designs. These phrases are examples of terms of art, and can be found everywhere in the patent world. They have been accepted by the patent office to have definite meaning, and thus we use them to save time and improve accuracy and uniformity of specification and claim writing.

In the case of the nursing bras, the nipple aperture would be an opening on the front of each cup that would allow a mother to nurse a baby without removing the bra. So far, we have run into terms of art in many junctures of our coursework, describing all sorts of widgets. For instance, I was unaware that a lobster claw clasp was a term of art when first introduced to a type of lanyard fastener. When asked to draw an example of a lanyard based on a written specification, the picture my group ended up with looked to resemble an ordinary lanyard with the claw of a lobster (which was actually cooler looking than the real thing, though obviously less practical). Lobster claws, bulldog clips, nipple apertures, gluteal clefts… there are all sorts of lovely terms for things you never bothered to think had technical names. There are patents for most things you’ve ever seen, and plenty of things you (hopefully) haven’t, each uniquely and technically defined using a collection of terms of art. Next time you’re bored, try looking at one of the many online lists of ridiculous patents; I can guarantee you’ll walk away from your monitor knowing new ways to describe all sorts of things you never thought about.

To search or not to search

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A post from our student blogger Nicole

Today I want to tell you about another funny teacher we have; our Patent Searching teacher.  For those of you that don’t know, Patent Searching is about in depth searching for prior patents that may be relevant to the patent you’re working on through multiple databases.  By relevant I mean any patent already published or filed that is similar, but not the same exact thing, to the patent you will be working on.  The teacher is quite funny.  It’s especially funny when he makes up his own lingo, for example, he told us the code on one of the databases was the cuckoo code.  He’s always cracking jokes in class and telling us about his awesome trips, for instance, his trip to Japan for a searching competition.  How awesome is that?  And what was even better was that he brought back a treat for everyone. Green tea kitkats!  It does sound a little strange but they were actually really good!

Now getting into the actual details of the class.  There are multiple databases used in this class to help you search for relevant patents to your capstone project.  All of these databases have their ups and downs, but you will learn what you prefer the most.  As for me and my mouse device, I’m having a bit of trouble searching for any relevant patents.  My biggest problem is the word mouse.  When you search it you get results for a computer mouse rather than lab mice.  This is a perfect example of how literal and difficult these databases can be.  But don’t let that intimidate you because you learn how to fix this problem with the help of this class.  That’s why this class is so important!  There is so much technique that goes into searching that I had no idea about.  It’s quit fascinating to learn about all the little tricks that go into searching.  They become very convenient when you work on your capstone project.  The homework assignments are a huge help as well and don’t be afraid to talk to the teachers because they are very willing to help out!

The teacher likes to end his lectures by asking if anyone has questions and when nobody raises their hand he says so everybody knows everything.  Just another way to make his class laugh.  Like he said a lecture is more memorable with a laugh.

What do you want to be when you grow up?

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A post from our student blogger Josh

I last submitted to this blog two weeks ago, regarding how classes were progressing thus far and my first impressions of transitioning to life as a Notre Dame student. Since then, we’ve had a number of seminars through our Friday “lunch and learn” program that have enlightened us as to what we could be doing with our future in patent law. We’ve thus far seen presenters from boutique intellectual property law groups, our own legal career services center, and Notre Dame Alumni who work in IP. If your life vaguely resembles mine, then you’re at the point where everyone from your closest friends to your cousin’s dog is incapable of having a conversation with you without asking “what do you want to do with your degree?” Some of us have gotten used to this line of questioning (I had to answer it all the way through undergrad, explaining that not all astrophysicists work with telescopes and not all philosophers are unemployed), but having to decide what in patent law one wants to do involves a new layer of exploration. Thankfully, thus far MSPL has done an excellent job of showing us that there are a variety of ways that one can make use of a skillset involving the analysis, authorship, and prosecution of patents.

For instance, today we had a speaker who discussed what it means to work in the field of patent searching. While we have a class on searching that meets every Tuesday and hear many anecdotes about what it’s like to professionally perform searches, it’s always nice to hear about a given profession from multiple practitioners who work in different places. Patent searches are requisitioned by a variety of groups, from universities to law firms, and from private companies to the patent office itself. Searches are performed for a plethora of reasons, and each search has to be tailored based on the technology itself and what the client desires to do with the results. This may sounds crazy to some of you, but I personally dig the idea of being a professional searcher. Think about it; our generation has been using Google since we were kids. While Google certainly isn’t the only tool in a patent searcher’s arsenal (more of a helpful companion to the databases one would actually use in a professional setting), the basic premise of manipulating a series of search terms in order to produce a handful of useful results is essentially the same. Intellectual property searches are often a key part of the knowledge basis for many decisions in the business world, and the ability to be at the front end of acquiring and presenting such information makes a neat premise for a career.

I only have a limited amount of space here to expound upon the possibilities of what one can do with a MSPL, which is why I’m certain that a few of my future posts will contain other possible career paths for those of you who chose to enroll in this program. Today my mind is on searching (and tomorrow it will likely be on the football game), but future careers as a patent prosecutor, or a research analyst for mergers and acquisitions firms, or any number of other options cross my mind frequently. I have a bio on the website here, which says that I would be interested in being a patent agent focused on mechanical technologies. However, what that patent agent will do, who he will work for, and in what capacity he will work with said mechanical technologies is still quite a mystery. However, this program has continuously shown me that there are a number of possibilities for a professional with a background in intellectual property, and I’m certain I will be able to find one that satisfies my tastes.

Building blocks

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StonehengeA post from our student blogger Brittany

This is not your traditional Masters program, our cohort is comprised of several students having educational backgrounds in civil engineering, biology, astrophysics and even a few students with doctorates. I state that not to brag about how educated we are but to say that even with so many educated people in a room, we are ALL new to the field of patent law and are looking to this program to train us to be competent patent practitioners.

Walking into a room with several lanyards laid out and my first thought was “Yes more free stuff” (grad school made me appreciate the freer things in life). To my surprise, we had to write claims for our specific lanyard. Our group spent DAYS describing that darn lanyard to ensure that another group could correctly chose it based on our description. Being able to agree on terms of art or something as simple as deciding between the metric or imperial system to define measurements can be rather difficult. We’ve had a few widgets we’ve had to write claims for and geez is it difficult, but these interactive assignments are providing us the foundation by which to write more elaborate claims for rather complicated inventions.

Patent law building blocks, including claim writing, have been the focus in almost every class. For example, in our Patent Searching class we are learning to use several databases to find issued patents and patent applications relevant to our capstone projects. Deciding on what keywords to use for a search strategy and when to adjust the initial search strategy are important building blocks for determining the patentability of an invention. A thorough search has to be completed before any claims can be written because that will set the stage for the rest of the patent drafting process. Unbeknownst to me, people can have a lucrative career solely as a patent searcher, so that should let you know just how imperative it is.

Obtaining such building blocks will set us apart from people that jump into the patent law field merely because they have an extensive background in science or engineering and don’t want to take a “traditional” route. Being able to properly complete a prior art search and draft an application with a strong claimset will prove to be a great selling point to any potential employer.

Call me sometime when you have no class

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cannon_rockA post from our student blogger Nicole

So today I decided to focus solely on our Patent Law and Prosecution class.  For those of you that don’t know, Patent Law and Prosecution is here to help you with an understanding of the legal base of the US patent system.  It will help you become familiar with MPEP sections important for the practice of a patent agent.    I would like to start off by saying all of our teachers are hilarious, and today I’m going to focus on our funny prosecution teacher.

He really knows how to make the class interesting and keep us focused.  My favorite part of his class is when he shows us examples of patent applications related to the topic being discussed.  Some of them are so ridiculous and funny you wouldn’t believe how kooky people are.  Either that or they just have way too much time on their hands and nothing to spend their money on.  Let’s take application 11/161,345 for example (I say application because it was never patented, only published).  First off the title is Godly Powers.  Yes you read that right.  Someone actually tried to get a patent for godly powers, but beware if you’re a magician because he doesn’t like you!  This patent is definitely worth reading so I would read it if I were you!  Another patent we looked at was patent 3,963,275 Method of Breaking Free-Standing Rock Boulders.  The title doesn’t seem too bad until you see the picture!  A canon? Who uses canons to break rocks?  The patent was from 1976, but I’m pretty sure we stopped using canons in the 1900’s.  There were others as well, but I won’t spoil his class by giving away all the funny patents he likes to show.  You’ll just have to wait and see for yourself!  And by that I mean come here and become part of the Notre Dame Patent Law family!

Another thing that’s great about his class is when we do patent bar questions from old patent bar exams.  He wants us to be ready for the real exam, and what’s even better is he makes you real nervous during class because you don’t know if he’s going to call on you or not.  But don’t freak out too bad if he does, because he will help you get through the question or you can phone a friend for help!  I find these questions very helpful and hopefully you will too.  There are a bunch of little tips he tells us that will help with the exam so definitely take note of them!

P.S. The title is dedicated to my dad because it’s his favorite quote!

Cannonballlllll!

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A post from our student blogger Josh

I’ve wanted to do a number of things with my life at various points (racecar driver, musician, astronaut, brewer, the eclectic list of childhood/teenage dreams goes on). Had you asked me a year ago if I was going to study patent law at Notre Dame after college, I’d have probably given you a sideways glance. That being said, I’m here now, and I have to say there’s a certain appeal to doing a single year of study at a new institution, surrounded by new people and looking at life from a different perspective. Alright, it’s not as exciting as piloting a formula 1 car or going to space, but bear with me, because attending this program on this campus has thus far been one of the better decisions I’ve ever made. I’m not entirely sure where to begin, as the others have already enlightened you as to what boot camp and the first week of classes were like. But, since everyone experiences these things uniquely, I’ll elaborate on my time thus far.

Upon exiting my bus into town, I was greeted by my new roommate Evan, who escorted me and my bags to the swimming pool I would live in for the next nine months. No, you didn’t misread that; my apartment is a converted swimming pool, which until recently was a relatively popular concert venue in South Bend (feel free to Google it). After unpacking my bag and setting up the mattress I ordered, I set about exploring South Bend, and eventually stumbled on Notre Dame. The campus is truly as breathtaking as others have articulated (aside from seeing Rudy, I’d had no prior experience with this place whatsoever). I can assure you that being able to call such a beautiful place my temporary home is a spectacular feeling; though I will readily admit that I initially found the size of campus quite intimidating. This was quickly remedied when I realized that Google Maps was capable of directing me to each of my class buildings, and within a week I began to feel like I truly knew my way around.

When it comes to classes (and I may get in some degree of trouble for saying this), I haven’t found them to be a significant step up in difficulty from of those of my undergraduate career in physics. Truthfully, the most difficult components of this program for me to adjust to thus far have been the emphasis on precision writing, coupled with developing the time management skills necessary to juggle five classes and a Capstone project. All of this while trying to adjust to a new location can be a bit of a challenge, but I assure you it’s nothing that anyone reading this post couldn’t handle. The professors are professionally experienced and talented when it comes to making once foreign material seem approachable and second nature. They inspire confidence in our ability to succeed, yet their wealth of knowledge and high expectations also induce a sobering humbleness. One gets the sense that each of them has so much to offer his or her students that the real challenge here isn’t being able to complete the program; it’s getting as much from it as it has to offer.

If you’re anything like me, then you’ve already read the student profiles on this page. When I first did, I thought “I don’t have a PhD, I haven’t written a paper on Alpha-synuclein Elevation Blah Blah Blah, I didn’t work for a law firm, I don’t have a J.D., how will I ever succeed here?” Yet, I feel at home in this program. I get to sit alongside people who are as educated as I am or more so, while feeling like a peer and learning from the best. I have class daily with civil engineers, molecular biologists, neuroscientists and chemists; yet I feel right at home, learning with them and from them. I’ve never been in a situation where I could realize the value of having so many scientists of different disciplines learning foreign subject matter together, but the experience thus far has been unique and unforgettable. If I had a bottom line for this post, it would be to say that this program is completely doable and worthwhile, at least from the perspective of a new student. I certainly never expected that I’d attend Notre Dame, live in a swimming pool, or have a future in Patent Law; but what would be the point in living if everything happened as I once predicted?

Touchdown!

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A post from student blogger Brittany

touchdownI finally touchdown at Notre Dame and I am absolutely in love with the campus. It is breathtaking and despite living in Florida for the last couple of years I am excited about the first snowfall although from speaking to current students and faculty that feeling will be short-lived due to unforgiving temps.

Our first week consisted of a getting familiar with fellow cohort members. I must say we all have very diverse educational backgrounds but have already found commonalities and I feel this will be a great group. We all showed up ON TIME for our headshot which Karen said was a first so I think we’re off to a record setting start. We attended a South Bend Cubs game and of course we had to let everyone know that the 2015 MSPL cohort was in the house. Two classmates decided to partake in some half time shenanigans by racing on the field…on bouncy balls. It’s safe to say that neither of them will be living that down.

Outside of our “getting to know you” activities we were also thrust into the world of patent law by an outstanding presenter. Because of his 20+ years in the field he was so insightful, thorough and most of all honest about life as a patent agent. I’m not going to lie, it was a lot of material to take in especially for someone that had just completed her dissertation less than a month prior. I had to get right back into student mode, feverishly taking notes making sure not to miss a thing. The week ended with a mock Patent Bar Exam. Let’s just say that I walked home feeling completely defeated questioning what the heck I had gotten myself into. That practice test made me quickly realize that if I thought these 9 months would be a walk in the park compared to 5 years of research that I was DEAD WRONG.

Meeting all the professors who were a combination of patent agents and attorneys was quite interesting. I was pleased that we were learning from people that had YEARS of hands-on experience in the field. It was already refreshing that Karen was so down to earth and witty, but each of our professors have comical personalities as well.

All in all, being at Notre Dame these last two weeks have subsided the apprehension I had about making a career transition and made me realize how many doors this program could open for me. Being in the program is already getting me out of my comfort zone and I look forward to sharing my ups and downs throughout the next 9 months.