A post from our student blogger Catie

The first days of attending a new school are always the hardest. We kicked off our year with what is endearingly referred to as the ‘MSPL Bootcamp’. This is the week before the start of official Notre Dame classes and consists of a crash course in patent law. The name is fairly intimidating, but the boot camp is incredibly helpful. The MSPL directors graciously assume that its candidates, coming from backgrounds of science and engineering, have no prior knowledge of the fundamentals of patent law, and therefore use that time to familiarize us with the basics of patenting a new invention. The week is also a wonderful time to get to know the other MSPL students and faculty, which helps make the first week of regular classes a little less daunting. Everyone in the program got along really well from day one, and it took a huge weight off of our shoulders knowing that we’ll be spending the next year amongst friends!

We took time away from our learning to take a campus tour, watch South Bend’s Silverhawks play, and go on lunch and dinner outings together. This is not to take away from the long hours of lectures, practicing how to search through the Manual of Patent Examining Procedure (MPEP), and taking the dreaded mock Patent Bar Exam. We emerged from Bootcamp exhausted, but well prepared for the subject content of our semester classes. The week was informative while also giving us a fantastic introduction to our new lives at Notre Dame! Here are some of the basic concepts of patent law that we learned during Bootcamp:

A patent does not give its owner the right to make or sell his or her idea. This might make the concept of obtaining a patent null and void, but patents are protective in a different manner. A patent gives the owner exclusionary rights; meaning it prevents others from being able to make or sell the patented idea. Instead of giving a person certain rights (positive rights), it takes away those rights from others (negative rights). Basically, patents prevent others from being able to claim one person’s idea as their own.

The possessions that patents protect are called intellectual property (IP). Intellectual property can be described as a person’s ideas, creations, or inventions. IP is huge in the sciences and engineering, considering that inventors and researchers are constantly developing new, useful ideas for the benefit of the public. All of this work that we are putting into learning how to protect intellectual property is a big deal because it’s a difficult task: we are protecting non-physical property. Think about it this way: if I am trying to profit from selling a product, such as one-of-a-kind Notre Dame sweater, I can give half of my supply to a friend. We can both sell our shares and profit equally because the shares are quantifiable and in limited supply. On the other hand, let’s say that I want to profit from my idea of making Notre Dame sweaters that are manufactured in a way that makes them breathable, but retain 40% more body heat (perfect for fall football). If I tell my friend about this new way to manufacture the sweaters, then there is nothing stopping her from taking my idea and profiting from it on her own. An idea in itself is intangible and cannot be physically contained. Therefore, patents are incredibly important to ‘give credit where credit is due’ for new ideas and inventions.

 

A post from our student blogger Megan

Last week as the summer wound down, a dozen or so of my fellow Master of Science in Patent Law cohorts and I peeled ourselves away from our jobs back at home and our sun-soaked weekends to begin a fresh start at the University of Notre Dame.  On Monday August 18, we were greeted by Dr. Karen Deak who catapulted us into the fascinating and fast-paced world that is patent law.  From a few quick introductions, we discovered that we were amongst incredibly accomplished scientific and legally inclined professionals, all eager to learn the depths of patent preparation.  Dr. Deak wasted no time immersing us in patent terminology by splitting us into groups and assigned us the task of writing a single claim for the chair that we were each sitting on.  Claims are the legally enforceable part of a patent that define the patentee’s exclusive right.  A patent is a negative right—it prevents others from making, using, selling or importing what the claims define.  But we quickly learned that what seemed an easy job of describing a basic chair became quite an undertaking.  Every nuance of the chair’s design and function was mulled over and over by the four members of my group.  We wrote and re-wrote claims like mad scientists searching for the correct formula to build a simple formula.  I am safe in saying that claims drafting is an art and a science that takes time and finesse.

The following day, Dr. Deak continued the inauguration into patent law by administering to her students a practice United States Patent and Trademark Office (USPTO) exam, also known as the “patent bar.”  The patent bar is a six-hour examination that upon passage allows one to practice as a patent agent or patent attorney if you are a member of a state bar.  The test is rigorous but once you have passed you are authorized to practice in front of the USPTO—a worthwhile endeavor according to Thursday’s guest speaker, Dr. Art Moss.  The MSPL students got valuable patent practice advice as well as an inclusive summation of patent law from Dr. Moss, a retired DuPont patent agent.  During his full day presentation, Dr. Moss explained that patent prosecution is the preparation of a patent application and its review by the patent office.  Dr. Moss provided us with a mountain of incredible practical knowledge that we can safeguard and use while practicing as agents and attorneys.

By Friday we were beginning to understand why the MSPL week-long program was called “bootcamp.”  Our minds were packed full of new facts and knowledge, primed for what the master’s program had in store for us in the year to come.  Bootcamp wasn’t without its share of fun, though, as we went to dinner as a group one night and on another got to attend a South Bend Silverhawks baseball game.  During the game we were able to eat, drink, and meet all of our MSPL professors.  Bootcamp proved to be a success: we got a jump start on learning patent law and quickly got plugged into Notre Dame campus life.  This is going be a challenging and exciting year in the MSPL program!

A post from our student blogger Roberto

The week before classes start at Notre Dame, students in the Master of Science in Patent Law program attend a week long orientation fondly known as “bootcamp”.  This week serves as an intensely focused time of reprograming your brain from your undergraduate mode of thinking to a new perspective that is necessary for success in the program.

I, for one, am extraordinarily thankful for bootcamp.  While my engineering background has many positives benefits that I am sure will serve me well in the future, the type of thinking required in this program is quite different from anything I have had before.  Bootcamp allowed me to slow down and digest this new way of attacking problems and prepare myself for the many challenges and opportunities that will come my way in the next year.

One of the many highlights from bootcamp was that we as students got to take a mock Patent Bar exam.  While I had never seen anything like it before, I am sure glad I got to sit down and have that experience before I ever set foot in one of my classes.  This gave me the chance to see first-hand what type of knowledge would be required of me upon graduation.

We also did plenty of fun activities during bootcamp including campus tours and a South Bend Silverhawks baseball game.  As a group we have diverse backgrounds and come from all walks of life.  We have PhD students, international students, as well as chemistry and biology majors just to name a few.

As you can see, it is not necessary to have an engineering background to study patent law; what is required is a natural curiosity that will drive you to understand how an invention works.

This picture was the first thing I saw when I set foot on campus for the first time as an actual Notre Dame student.

Even though it’s not bright and sunny out I love this picture.  To me, it signals the difficult times ahead and warns that the road will not be easy.  However, at the end of that journey lies the ultimate prize.  I am excited and ready to begin my first week in the MSPL and look forward to every step of that journey.

 

A post from our student blogger Catie Stevens

Hello, my name is Catie Stevens, and I am a student in the Patent Law Master’s program at the University of Notre Dame for the 2014-2015 school year. I am a native of Indianapolis, IN and a recent graduate of Ball State University in Muncie, IN where I earned my Bachelors of Science in Biology with a concentration in Genetics. Patent Law stood out as a viable option for me because it is a specialized career path that suits my interests. In the field of Biology, it can be difficult to find a job after college without having experience or a higher degree. In my undergraduate career, it was nearly impossible to even find an internship, because most companies do not want you there unless you already have a degree. Notre Dame’s program prepares its students to be Patent Law Agents in one year. Patent Law piques my interests because I enjoy writing and I love biology, so I can use both of my passions in this career to help others understand science while helping scientists receive patents for their ideas.

I have also chosen to pursue a Master’s in Patent Law in hopes of connecting to the field of genetics in a unique way. In addition to my biology coursework, I also took psychology courses and volunteered at a local domestic violence shelter and crisis center. Therefore, I have more of an orientation for working with people and conveying ideas to them as opposed to performing laboratory work. I would like to work as a Patent Law agent mainly to work alongside of other geneticists and lab researchers in the genetics field who are making strides in the detection and prevention of genetically inherited diseases and in cancer genetics. I also hope to pursue a Master’s in genetic counseling after receiving my degree in Patent Law. As a Patent Law Agent, I would have the option to work independently or with a law firm. I liked that I would have the flexibility of working independently as a Patent Law Agent while also working a very different job. Overall, I am incredibly excited to be part of the Patent Law program and I hope that it leads me to play a vital role in making positive changes in medicine!

 

A post from our student blogger Megan Usovsky

I can remember the exact moment when I discovered what I wanted to do when I grew up…It was a stifling afternoon in late May during a high school anatomy class.  Without air conditioning the atmosphere was thick as syrup in the mid-afternoon Missouri humidity.  The anatomy lab was no exception:  it began to reek of preservation fluid in early spring just as students began to dissect fetal pigs.  Most students, and even some faculty, regarded the second floor science wing as an abysmal pit that needed to be avoided altogether starting in March.  The strong scent of this occurrence never bothered me, though, and in fact, I felt at home in this section of the building because it was where half of my favorite classes were located.  The other half of my favorite classes were held in the English department wing.  It may have been the heat, but during this stuffy 6^th period anatomy class I was struck with revelation:  someday I would combine my love for science with my love for writing.

I pursued both science and writing after high school and I went on to receive my B.S. in Biological Sciences at the University of Missouri.  Following undergrad, I received my Juris Doctor from the Thomas M. Cooley Law School.  During law school I was privileged to be selected to serve on two scholarly writing publications:  the Thomas M. Cooley Law Review and the Thomas M. Cooley Journal of Practical and Clinical Law.  Following law school, I co-authored two legal articles on workers’ compensation and negotiation.  Currently, I have been a practicing attorney for over three years and have had the great fortune of learning some incredibly valuable legal skills.  The ability to persuade judges and opposing counsel with words, especially in writing, can mean the difference between a client’s favorable or detrimental outcome.

I have reached a point in my professional career that I am truly ready to merge my scientific interests with my love of writing and my legal abilities—this is what attracted me to Notre Dame’s MSPL program.  The 10 month curriculum trains matriculated candidates with science and engineering backgrounds to become patent agents or patent attorneys.  A patent agent is a person who has met specific technical and educational criteria, has passed the USPTO Exam, and is licensed to draft and prosecute patent applications.  A patent attorney must have the same qualifications as an agent, and additionally, is a licensed attorney who may conduct patent trials and practice in trademark cases.  Both patent agents and attorneys work closely with persons and entities seeking protection of innovative ideas.

Patent law clients are very special:  they are inventors.  The ability to communicate with technological innovators cannot be learned from mere passage of the patent bar, though.  Practical experience is crucial to translating the details of an invention into a well-crafted patent application.  The Master of Science in Patent Law program at Notre Dame will prepare me to effectively and efficiently converse with inventors to understand and then draft their ideas onto paper.  The MSPL program at Notre Dame possesses incredible opportunities for prospective patent attorneys and agents, especially through hands on education.  Matriculates will draft a faculty inventor’s application and then submit it for patent, get the opportunity to work with leaders in technology and science, and sharpen technical skills through class work and patent research.

It is an honor to join Notre Dame’s esteemed Master of Science in Patent Law Program in an exciting field where science and innovation collide.  In essence, patent law is a Big Bang of technological thought process and physical construction of an idea—the point where science discovery and law crash together to create a formidable result:  a patent protecting an invention.  Each member of Notre Dame’s MSPL program approaches the curriculum with unique education and work backgrounds, I am thrilled to share my practical legal perspective with the program and look forward to gaining a greater depth of knowledge from the other MSPL candidates, professors, and innovation professionals we will be privileged to work with.

A post from our student blogger Roberto Fernandez

Welcome to the 2014-2015 Masters of Science in Patent Law (MSPL) student blog!  My name is Roberto Fernandez and I am a member of the class of 2014-2015.  I will use this blog throughout the year to catalogue my journey at Notre Dame and within the MSPL curriculum.

Before we begin, I think it would be helpful for you to know a little about me and how I got here.  I am the oldest of five, with one brother and three little sisters, and I am from the small town of Mukwonago in south-eastern Wisconsin where I have lived my entire life.  I am blessed to have two incredible parents.  My mother who worked as a nurse for many years, eventually managing the trauma team of the emergency room of Children’s Hospital of Wisconsin and now is actively involved in alternative education advocacy, and my dad who is currently in his 23^rd year as a career firefighter on the City of Waukesha Fire Department.

As a child, my parents made the incredible decision to take on the responsibility of educating me themselves.  I was homeschooled until 5^th grade, when my parents learned about a new virtual public school which had just opened in Wisconsin under the Charter School Act.  This new school, known at the time as the Wisconsin Virtual Academy (WIVA), was one of the first schools of its kind in the world.  At WIVA, students participated in a new blended learning style which combined a typical classroom with the internet and virtual technology.  While I may not have gone to a traditional brick and mortar school like many of my friends, I ended up receiving the education that was best suited for me.

When I got to 8^th grade I knew I wanted to attend a brick and mortar high school.  I wanted to play sports with my friends as well as prepare myself for a traditional college environment.  My parents and I chose Catholic Memorial high school where I would go on to play baseball, football, be a member of the school’s Science Bowl team, as well as an award winning actor in the state of Wisconsin.

Now that you know a little bit about my childhood background I want to shed some light on my career motivations and inspirations.  While my unique upbringing is largely responsible for my character and personality, one particular set of events forever shaped the career path I would take.  While lifting wet and heavy hose after a large fire my dad severely injured his back and, as a result, was relegated to bed rest and physical therapy for a few months.  While he recovered, my dad secretly developed an invention that could have prevented the injury he and many other firefighters had sustained while performing daily tasks with fire hose.  He labored relentlessly for the next few years tweaking the design and molding it into a work of art.  Eventually, my parents scraped together enough money to contract out a blacksmith in town to weld together a rough prototype of my father’s design.  After constructing a working prototype my parents decided to take a huge risk by starting a family business.  Our company, RollNRack LLC. Inc, has come to offer firefighters around the world tools that have revolutionized the way daily tasks are performed.  Throughout the process my parents explained to me what was going on and gave me a first-hand entrepreneurship experience that has continuously proved invaluable in my professional life.  As a young child I was able to see the way a dream could be transformed into a reality as we went from a small start-up to an industry leader.  During the summers since, I have traveled the country selling our products to customers from all over the world at countless conventions, conferences and tradeshows.  It is through these amazing opportunities that I first realized some of my true interests and passions in life.

 

After graduating from high school I went on to attend the Milwaukee School of Engineering (MSOE) pursuing a Bachelor’s of Science degree in Mechanical Engineering (B.S.M.E.) with a minor in mathematics.  While you may not have heard of MSOE, its Mechanical Engineering program is ranked 11^th in the Midwest, according the U.S. World and News Report, and it prepared me extraordinarily well for a career in industry.  After an amazing internship my junior year I discovered that I would not be happy working in industry like many of my peers.  I yearned for the opportunity to do something revolutionary. I knew wanted to make a difference in the lives of as many people as possible and I just could not see myself doing that in a traditional engineering setting.  This is when I knew that I needed to continue my education beyond MSOE.

At first, I looked at graduate programs in Mechanical and Aerospace engineering.  I was really interested in the research going on in these fields and felt like they would be a great fit.  I applied to schools all over the country looking for the right program.  One of the programs I applied to was the Mechanical Engineering graduate program at the University of Notre Dame.  Shortly after applying I received an e-mail letter advertising the MSPL program.  After opening the e-mail I thought back to my experiences with my father and how my parents were told they would need to patent my father’s designs before we manufactured them.  At the time I remember thinking that the job sounded very interesting but that I was more interested in building the products being patented rather than actually constructing the patents.  I could not help but wonder, however, if this was the next step for me.  As I looked over the program I was impressed and intrigued with what it had to offer.  I loved that it was a one-year program and that it was one of the first of its kind.  Ever since I was a child I have enjoyed challenging the status quo and this program certainly seemed to offer an avenue for me to continue that mission.  I felt like if I wanted to receive an education in Patent Law there was nowhere that I would rather go.  Soon after I read the e-mail I had to leave for class but I continued to think about this new and exciting opportunity throughout the day.  The next morning I had decided that I would apply for the program and see how things played out.  Before long, I found myself accepting a spot as a member of the 2014 MSPL class at the University of Notre Dame.  That decision was one of the easiest decisions I have made in my entire life.  From the moment I applied to the program everyone I spoke with at Notre Dame was amazing; answering every question I had and making me feel like I was already part of the community.  The morning that I accepted my spot in the program I knew this was the way things were meant to be; though, a year ago I would not have guessed that this is the path I would find myself on.  This experience has shown me first hand that sometimes we cannot possibly predict the path that life will take us on.

During the first weeks of this summer I was able to make my way down to campus for a visit.  My brother and I woke up at 4 in the morning and drove down from Wisconsin stopping only for the unfamiliar tolls along the way.  Despite a constant downpour we drove throughout the entire campus and ran through campus buildings like teenage girls tearing through stores on Black Friday.  After walking into each new building I was more amazed than when I had left the last; I was in utter shock that this immaculate and awe inspiring place would soon be my new home.  I could not believe it when I first saw the courtroom in the Eck Hall of Law, seemingly hidden within one of the most beautiful and miraculous buildings at Notre Dame.  As an incoming student it is exciting to imagine working on homework on the luscious grass of the quad during the week and enjoying football games at the second most beautiful stadium in the country (with the first being Lambeau Field, the home of the Packers, of course) on the weekends.  After visiting campus I knew that Notre Dame was my new home.

Well I hope that this introductory blog post sheds some light on who I am and allows you to understand my unique perspective as a student and as a professional.  I will use this blog regularly to showcase my MSPL experience as well as my other adventures around Notre Dame.  It is my ahope that this blog will give others a firsthand look at the program and answer any questions that they may have.  If there is something that I have not addressed in my blog that you are curious about or if you have any other questions please send an email to rfernan3@nd.edu and I will do all that I can to help you find an answer.  Thank you for your time and welcome to the 2014-2015 student blog!