Tag Archives: patent

Pedal to the Metal

Posted on by

A post from our student blogger Roberto

As you likely know by now students in the MSPL have been working long and hard all year on their individual capstone projects.  These projects are writing patent applications on various technologies for researchers at Notre Dame.  At the conclusion of first semester the students each gave a lengthy presentation to a panel comprised of their inventors, Dr. Deak who is the director of the MSPL, and the representative from the Office of Technology Transfer at Notre Dame who is assigned to their technology.  In this first presentation the students worked to explain and demonstrate their understanding of the technology as well as presenting a preliminary set of claims they had forged to protect this technology.  This semester, students have worked with professional mentors to perfect their claims and round out many of the sections of the patent application document.  This document served as the MSPL thesis and was recently submitted by all the students who intend to graduate this coming May.  After submitting their thesis, students also have to give a second presentation to the same panel.  This time the students present on the work they did this semester and explain the bulk of the patent application they have crafted.  The second presentation wraps up all the work the student has done and allows the Office of Technology Transfer to take the project on from that point.

A few months ago I sat down and looked at my schedule and decided that I was going to take the USPTO patent bar exam at the end of March.  At the time, I wrote off the effect of the compounding thesis requirements on top of studying for the bar exam using the PLI review materials.  A few short days after turning in my thesis and giving my thesis defense I took and passed the patent bar exam.  It was a crazy but extremely rewarding feeling knowing that I had attained my three main academic goals for the semester and that now I could focus on finishing out my year strong and getting ready for my next challenges.  The MSPL program put me in a fantastic position to succeed on exam day and prepared me well for the variety of questions that were asked.  Our work in the MSPL gave me real life experience that was invaluable and made the entire process much easier.  That being said, the MSPL’s focus is not solely on preparing students for the patent bar and therefore it was necessary to fully exploit the wealth of PLI study materials we have access to.  After taking many practice tests I was ready to go and hit the ground running.

Fisker Thunderbolt (top) and Aston Martin One-77 (Bottom) (Photo courtesy of Car and Driver)

Fisker Thunderbolt (top) and Aston Martin One-77 (Bottom) (Photo courtesy of Car and Driver)

Now, for the fun part of this post.  One thing you probably don’t know about me is that I love cars.  When I’m at home it’s hard to find a weekend where I don’t find myself tearing something apart or putting something back together.  For example, over Easter break my father and I replaced the radiator on a car and schemed as to the next parts we were going to buy and install.  This past week there were some major developments in the auto industry that had intellectual property undertones.  First, one of the most acclaimed contemporary automobile designers, Henrik Fisker, has been accused of copying a design of his former employer, Aston Martin.  Fisker, who now is a founding partner and executive chairman of Fisker Automobiles, recently debuted a “design study” named the Thunderbolt which shares a striking resemblance to the infamous Aston Martin One-77.  Initially, Fisker approached Aston Martin about producing the Thunderbolt and received staunch resistance but he decided to continue on his intended path regardless.  Aston has said that after this initial approach, the conversation had left them believing that Fisker would drop the Thunderbolt concept in an effort to avoid any potential issues.  That all changed when Fisker himself showed up at the Amelia Island Concours d’Elegance, which is the premier automobile charity event in the world, in the none other but the Thunderbolt.  The response from Aston was swift and a legal team soon filed a lawsuit against Fisker in California on multiple counts of trademark infringement.  In particular, Aston alleges that the Thunderbolt contains confusingly similar grille and side vent designs compared to its trademarked designs. Most people believe this to be an attempt by the fledgling Fisker to make off with the high class brand and image Aston Martin has worked so hard to establish.

Lincoln Continental Concept (Top) and Bentley Flying Spur (Bottom) (Photo courtesy of Autonews)

Lincoln Continental Concept (Top) and Bentley Flying Spur (Bottom) (Photo courtesy of Autonews)

In a strikingly similar case, Bentley finds itself contemplating potential legal action after the 2016 Lincoln Continental concept was unveiled at the New York auto show.  Much like the Aston-Fisker case, Bentley is upset because Lincoln is attempting to unfairly profit from the brand image Bentley has worked hard to attain.  As you can see from the images, several key aspects of the Bentley are present in the Lincoln and serve to confuse the buyer as to the product they are actually viewing.  By most estimates, the 2016 Lincoln Continental, should it become a production car, would retail in the $60,000 range which is only a fraction of the over $200,000 base price of the 2014 Bentley Flying Spur.  Perhaps the most fascinating aspect of this case is the reaction of Bentley head designer Luc Donckerwolke (who is also the man responsible for the stunning Lamborghini Murciélago) who said; “Somebody asked me if I wanted to sue. I said, ‘No! I don’t want to sue. I don’t care about that. My issue is about respect for the car-design process.’ If we start copying each other, then this is a negative for the design culture.”  In today’s global rip-off culture it is refreshing to hear such a prominent figure speaking out against acts which are all too often considered common place.  It will be interesting to see how Bentley proceeds and if they take notes during the pending legal case between Aston Martin and Fisker.  It is often said that imitation is the sincerest form of flattery but I’d be willing to bet that recent events have left Bentley and Aston Martin less than impressed.

What’s a disclosure?

Posted on by

A post from our student blogger Catie

Maybe you have this fantastic idea in your head for a new invention, and you already did a little digging around on your own to see if your idea already exists. You scoured the internet and maybe did your own Google Patent search. From what you can tell, no one else has ever patented or sold your invention! You take your napkin sketches to a company that owns a bunch of patents in the field of your invention. You show them your sketches, explain the technology behind your invention, and give a great sales pitch on why this invention would benefit the public. Unfortunately, they look fairly unimpressed, and they quite distractedly tell you that they’ll get back to you when they can. Months go by, and you don’t hear back from them. You may have been putting in hours to reduce your invention to practice, meaning you work to create a real product out of your idea. You tell yourself that you’ll try again, but then you get distracted by school or work. A few years later, you see a commercial for your product, produced by the company to whom you originally showed your sketches. You go searching again and find that they patented YOUR idea! What can you do??

Unfortunately, there may not be anything that you can do about it. Situations like this one and ones that are more nuanced happen all the time, and this is why your patent agent or attorney may pester you with tons of questions regarding any “disclosure” you may have made. A disclosure is basically any description or demonstration of your idea to be patented that is discoverable to the public before you filed any patent application. Disclosure can be an elusive topic, as it is not always as blatant as running out to show your napkin drawings or lab data to a third party. Sometimes, it can be as simple as having a phone conversation about the technology when someone nearby overheard it, or presenting your data in the form of an oral presentation or poster to colleagues when a guest happened to stop by and overhear your idea. Public disclosure is not always a cut-and-dry event, which is all the more reason why the inventor should guard his or her idea carefully to prevent others from knowing about the technology until a patent application is filed.

The scenario described previously is a loss for the true first inventor of the technology because there is a ‘First Inventor to File’ (FITF) system in place. This means that whoever files a patent application on a certain invention first and can show that he or she has reasonable mastery over the technology of the invention will be granted the exclusive rights of a patent. In this case, the company definitely stole your invention, but they filed an application first and likely harnessed an understanding of how to make the invention function correctly. This is not to say that the FITF system is bad; it is just in the best interest of inventors to take certain precautions to protect their IP.

There are a few scenarios where you could have prevented this from happening. Firstly, it is important to keep thorough notes over your idea and always date them. That way, you possess proof that you had ownership of the idea first. Secondly, as suggested previously, avoid disclosing your technology as much as you can. No one can find out about your invention and steal it if you never tell anyone about it! Although, if you must make a disclosure, you may want to consider filing a provisional (similar to a placeholder) application or implementing a confidentiality agreement before disclosing. In this way, you are protecting your IP and claiming it as your own before others can experiment with it for themselves. Even if you don’t take this route, you can still claim rights to your idea as long as you file a provisional or non-provisional (actual patent application) within one year of your disclosure date. However, the clock will be ticking and you can never be sure who is trying to patent the same idea. Therefore: go forth, keep inventing, and don’t tell anyone about it until you have a provisional!

The patent application

Posted on by
http://www.toonpool.com/cartoons/Vanilla%20Ice%20Patent_145365

http://www.toonpool.com/cartoons/Vanilla%20Ice%20Patent_145365

A post from our student blogger Megan

Three words: patent application drafting. This is what the MSPL is immersed in as of right now. Our graduate thesis consists of drafting a patent application which is due on April 1. Drafting a patent application is a true art form and more in-depth than its moniker suggests. It is not simply an “application” that one fills in information into prepared blanks. In fact, patent application drafting requires serious skill and thought into the future. Most of what goes into a patent application is very calculated language and terminology, with careful consideration of what types of language could be litigated on at a later time.

One interesting aspect of the patent application is that there are rules that accompany each part of the application. There is even a rule for the title which states that: it must be 500 characters or less and the words ‘“new,” “improved,” “improvement of,” and “improvement in” are not considered as part of the title of an invention, these words should not be included at the beginning of the title of the invention and will be deleted when the Office enters the title into the Office’s computer records, and when any patent issues. Similarly, the articles “a,” “an,” and “the” should not be included as the first words of the title of the invention and will be deleted when the Office enters the title into the Office’s computer records, and when any patent issues.”’ This rule for invention titles is actually very short and understandable compared to the other rules for each part of the patent application.

Combine the pressure of submitting a patent application within a specific deadline (timing is everything in the patent world—if you miss a date your client can be enormously hindered) and the rapidly, seemingly never-ending evolving design of cutting-edge inventions, and you have the perfect storm of quiet chaos. My desk is stacked with notes from inventors, red-inked application drafts, and sticky notes with simple reminders to look up a rule of law. I work day in and day out on the application but somehow each new day brings a new challenge: this document is truly living and breathing, it changes each time the inventors email with a new drawing or ask about adding a detail that they hadn’t considered before.

Be forewarned: patent application drafting is not for the faint at heart. I joke, but in all honesty, while drafting my first patent application has admittedly been a struggle, it has also deepened my appreciation for the agents and attorneys that draft applications on a daily basis. These professionals walk a thin line between fully describing the underlying invention, and avoiding costly litigation blunders that may crop up sometime in the future. This requires the utmost in scientific and engineering comprehension, along with a deep-seated legal knowledge of rules.

The enjoyment in drafting the application has been in translating science and engineering principals into legal language. We are seeing the finished product after months of careful planning and understanding another person’s detailed creation. I am eternally grateful to the Notre Dame inventors I got to work with to draft my first patent application; I learned a ton and the experience was one-of-a-kind. I’d like to make this blog entry longer but please, excuse me, I have to get back to this application!

Patent trolls

Posted on by
Just your friendly neighborhood patent troll. Beautiful image courtesy of WIPO illustrator, Bob MacNeil

Just your friendly neighborhood patent troll. Beautiful image courtesy of WIPO illustrator, Bob MacNeil

A post from our student blogger Roberto

Staying up to date on intellectual property news is tough.  In a field centered on the advancement of technology it’s no surprise that there are things always going on.  Doing a quick search on Google for “Intellectual Property” returned more than 15,500,000 results in the “news” category alone.  Lately, one of the most trendy and talked about topics is “patent trolls”, which are also known as “non-practicing entities” (NPEs) because of their tendency to never actually produce a product covered by the patent, and “patent assertion entities” (PAEs).  The term “troll” is pretty descriptive and, even without any further understanding of the concept, one immediately conjures up a negative image in their head.  For instance, some may imagine a mammoth forest green creature with warts the size of golf balls covering them from head to toe whom is wielding a massive sand barbaric wooden club.  Taken in a patent law context, that creature with warts is often a corporation swinging around the weight of its potentially damaging patent portfolio.  In many instances, patent trolls are corporations that acquire and own patents simply for the purpose of chasing down potential “infringers” and doing all they can to get the most money possible out of them.  At first, many of these trolls send the infringing entity a letter asking for a reasonable royalty to continue doing whatever it is the troll believes is infringing their patent.  Now, either the “infringing” company gives in to the troll’s demands or they do nothing and wait for the troll to potentially file a lawsuit against them.  Often times after not getting their royalty, the trolls file lawsuits which, in the end, cost companies on average around $2M.  While some large corporations can easily absorb that cost many small startups cannot and are permanently crippled as a result.

While patent trolls have existed for a long time, by some accounts since the turn of the 20th century, there has been a recent push to reform current laws to combat patent trolls.  On March 18, 2015, there was a Senate Judiciary Committee hearing on patent reform titled The Impact of Abusive Patent Litigation Practices on the American Economy.  At this hearing a large amount of focus was placed on finding ways to eliminate trolls from existence.  The troll destroyers, as I have termed them, argue that patent trolls have cost American businesses a lot of money.  Further, many fear that patent trolls could attack vulnerable small startups and force them out of business when they don’t have the funds to enter into a lawsuit or pay the royalties demanded by the trolls.  It is no surprise that over the past four years ten bills that attempt to combat patent trolls have appeared before Congress without any of them getting through.  These bills have not only met a tough audience, much of congress is not particularly well versed in patent law or related issues, but also has met a battalion of resilient and powerful patent troll lobbyists.  Many of these past reforms focused on increasing the penalties on trolls for losing patent infringement lawsuits and the same plan of attack is still being pursued by some Senators today.

Given all of the hatred on the patent trolls, by people like the troll destroyers, it makes sense to ask yourself how anyone could possibly be in favor of patent trolls.  Well take a journey with me as I transform you into just that, a patent troll abolitionist and war chief.  Imagine yourself coming up with a great idea for a brand new windshield for your car.  This windshield is amazing, it’s hydrophobic causing rain and water bead up and roll off it, it’s internally heated by invisible resistance heating elements that melt snow on contact and prevent ice from forming on it, it has an integrated and invisible photovoltaic cell array that charges the car’s battery, and it attaches to the cars computer to regulate the temperature of the glass so that it never gets fogged up.  After developing the product and working with your friendly neighborhood patent agent you are granted a patent on your awesome new windshield.  You call all your family members and friends and ask them to pitch in money to help you get a company started.  After investing all that time and money you finally get your first sale.  Sales over the next few months are slow, and you decide to approach Ford about licensing the windshield from you for use in future vehicles.  Much to your surprise, it is almost impossible to figure out who to talk to and how to get them to listen.  After pitching your idea to several “VPs” they tell you that they aren’t interested and send you on your way.  Discouraged, you decide to continue to try and sell it on your own, figuring that your awesome product would catch on and people would buy them once they saw how great they are.  One weekend you are sitting at home watching the commercials during the Packers game when you see it.  A commercial for the brand new Ford Raptor, a truck that has a never-before-seen windshield that has all the same features as your prized creation.  You are in an utter state of shock.  You run to the computer and do a quick online search.  You immediately notice that the windshield is identical to yours and it is getting all kinds of publicity causing orders for the new truck to go through the roof.

This is almost identical (minus the awesome windshield idea I came up with) to the stories of many inventors, including a U.S. veteran named Fred Sawyer, whose amazing story can be read here.

What do you do?  You could try to bring legal action, but that takes funding you simply don’t have. You would need to have the funding to compete with a mega-corporation that plans to simply out spend you.  What is most likely to happen is that you lose out and go out of business.  Today, inventors can turn to patent trolls to team up and go after that big corporation using the funding the patent trolls have.  Without someone like the patent trolls the small inventors would have no chance at competing in arena where the price of entry is north of $2M.   Without trolls there would be no way to practically enforce patent rights because of these financial realities.  Still, inventors pay a heavy price for partnering with the trolls, often forfeiting 95% of their patents value after winning a patent infringement case.  Even if the inventors decide to go to battle alone the act of waging war on an all-powerful corporation often earns them the title of “patent troll” as well.

So, now that you have seen both sides of the coin, what are we to make of patent trolls as a whole?  I believe the term “patent troll” is misleading and that the trolls are actually divided into two camps.  One camp that wants to pillage every possible piece of intellectual property and make as much money as possible through downright exploitation of the system, these are the trolls that (almost) everyone agrees we need to address in some way.  The other is the camp of trolls that exist to provide balance and security for the small inventors against the big corporations that they otherwise would have no chance against (included in this camp are the single inventor “trolls” going at it on their own).  Any potential patent reform needs to be wary of these two distinct camps and the effects any legislation would have on this precarious balance of power.  Take away too much of the troll’s power and with it goes the security of the single inventor.  Figuring out an answer that protects inventors while combating wasteful litigation will be difficult but is necessary to preserve the integrity of our patent system.

The MSPL takes on DC

Posted on by

A post from our student blogger Catie

MSPL students pose for a picture in front of the White House before going in for a tour

MSPL students pose for a picture in front of the White House before going in for a tour

To continue our whirlwind of a spring semester, a small group of MSPL students spent our spring break in D.C., exactly one month after our excursion to San Francisco. I know that it’s hard to believe that a trip anywhere could live up to a visit to sunny California, but D.C. was absolutely amazing! We were lucky enough to experience beautiful weather in the nation’s capital, as we mostly took the metro and traveled on foot to explore the area. The experience was four days packed with law firm and professional visits, informative and fun site seeing, and sampling of some of the area’s unique restaurants!

Similar to our agenda in California, we had the opportunity to visit a few law firms and D.C. area organizations that each houses at least a small cohort of IP professionals. With each visit, the MSPL’ers held candid conversations with these patent agents and attorneys to gain a solid understanding of what a career in patent law is like. We definitely learned something new at each location, and it was really awesome to be exposed to so many new concepts of intellectual property in such a short amount of time!

It was also fascinating to observe the personality dynamics of each firm or organization. A point that has frequently been reiterated to the MSPL is that as we begin our job search, it is important that we are not only determining where we would like to work, but also in what kind of environment we would like to work. It has been described that interviewing for a job is much like dating: it is critical to assess whether or not you like the given set of employers and would enjoy working with them just as much as they are assessing you in the same way. With such a small group of MSPL students, we also had the opportunity to speak with the IP professionals more casually and talk more about ourselves and our backstories. We made really great connections, and this helped to break down the serious and stiff demeanor that the East Coast was made out to have (prior to the trip, of course). This enhanced our experience all the more, to the point where the MSPL’ers had a really difficult time pinpointing our favorite visit by the end of the trip!

We also took the time to do some site-seeing. On the first day, we visited the USPTO and saw an examiner’s office up close as well as visited the patent drop-off window! Between professional visits on the first day, we stopped by the National Archives, where we saw the Magna Carta, the U.S. Constitution (including the clause of Article One that authorizes patent law!), and a few of the earliest granted U.S. patents. The next day, we had the privilege of touring the White House, the Capitol Building, and the Supreme Court, where we had the exciting opportunity to actually go inside the courtroom! On one stormy, foggy night, we took the opportunity to make the trek around the Lincoln Memorial, the National World War II Memorial, the Washington Monument, and then circled back around to walk past the White House before heading back to the hotel. On top of the magnificent site-seeing that we did, we also ate at some fantastic D.C. eateries, where we dined on specialty pizza and fresh seafood, and even had the experience of eating at the Old Ebbitt Grill!

My description of the trip is clearly incomplete without mentioning the wonderful family-bonding that we had on the trip! Although we only had a small sub-set of the MSPL in attendance, we still had tons of fun spending time together and exploring the area. From terrible direction-giving to cramming inside of taxis together, we had a great time and many laughs along the way. We even topped off our trip by passing the time on the drive home with an in-depth exploration of music and sharing of all of our favorite genres! If it isn’t already obvious, it was a truly fantastic trip. It was a spring break well spent, and I am incredibly happy that I made the decision to go!

Getting down to business

Posted on by
Enlightened Diagnostics™ (EnDx™) from left to right: Gaylene Anderson, advisor; Colin O’Toole, MA ’15; Scott Manwaring, MBA ’15; Chris Cali, MS ’15; Megan Usovsky, MS ’15; and Victoria Zellmer, PhD ’17

Enlightened Diagnostics™ (EnDx™) from left to right: Gaylene Anderson, advisor; Colin O’Toole, MA ’15; Scott Manwaring, MBA ’15; Chris Cali, MS ’15; Megan Usovsky, MS ’15; and Victoria Zellmer, PhD ’17

A post from our student blogger Megan

When we think about patents we normally don’t think about business. In reality, patents go hand-in-hand with business. Why do people seek patent protection in the first place? Ultimately, patents place a monopoly on a device, machine, manufacture, or method, and insure that others do not make or use the patented item for a specified period of time. Patenting, as you can see, means the difference between having the ability to create a business based around specified items or not.

At Notre Dame I have had the distinct honor of being part of a business team that competes at competitions around the country. This experience has been incredible to say the least. My capstone project for the MSPL has been intricately woven into a business venture. For the past eight months, Chris Cali, ESTEEM masters 2015 candidate; Victoria Zellmer, PhD in biochemistry 2017 candidate; Scott Manwaring, MBA 2015 candidate; Colin O’Toole, Masters of Accounting 2015 candidate, and myself, have met outside school hours to craft a business plan and presentation to sell our inventors’ technology to potential investors. The five of us have learned that building a business from scratch takes a lot of time and effort: sweat equity needs to be poured into creating a business formula that will work, as well as a healthy dose of personal time and attention.

When we first met on a balmy sunny day in August, our business team was all smiles; we had no idea the commitment we were about to engage. With the help of our steadfast business team advisor, Gaylene Anderson, we started to meet at least once every week. The process was slow at first but as we started to decipher the makeup of our technology and how it worked, we were able to begin drafting a rough copy of our business plan over first semester break. The original plan was the culmination of each team member’s contribution: our technology entrepreneur drafted the majority of the business plan, our biochemist added her expertise on the science, our engineer/MBA added his knowledge of the technology as applied to business, the accountant added his numbers throughout spreadsheets, and I added sections devoted to our intellectual property. We entered several competitions ranging from the McCloskey business plan competition here at Notre Dame, to national competitions in Texas and California.

Our first competition took place at the University of Louisville in Kentucky at the Cardinal Challenge on Valentine’s Day. We didn’t know what to expect but we looked dapper in our company color—royal blue—which also paid deference to the University of Notre Dame. With some nerves and a little trepidation, we made it through a fifteen minute presentation. There were four judges that provided feedback after we presented. Some of the feedback was harsh—since we didn’t know what to expect we were thrown off by some of the criticism. We left the first round with some worry that we would not make the final round; however, we also left with a huge sense of accomplishment.

The top four teams were announced during lunch and we were called last. We made it, though! All the hard work had gotten us to at least a spot in the top four. We practiced for another couple hours and then it was show time again. We pitched our idea to a second set of tough judges as well as a larger audience.

I can still remember the feeling I had when the third and fourth runner-ups were announced: complete and utter happiness! Our company name was called for second-place. This was a respectable showing, but the entire team agreed that we were hooked on the spirit of the competition, our technology, and eventually, we set our minds to win it all going forward to other competitions.

Business is integrally tied to patents, and quite possibly to everything we do in life. As the old saying goes, “nothing in life is free.” This means you can capitalize on almost everything out there. But business is more than just making money. It is about selling something that is going to help someone. Our technology is an imaging platform that enhances cancer diagnostics. And I get to be part of this—simply amazing. Now, let’s get down to business, and I’ll update you on our progress as we compete for first place at further business competitions.

California dreamin’

Posted on by
The Notre Dame Patent Law family at Half Moon Bay

The Notre Dame Patent Law family at Half Moon Bay

A post from our student blogger Megan

“California Love,” “California Dreamin,’” “California Girls,” “Like a California King,” and “Californ-I-Ay.” These are just a few of the dozens of songs that have been written about the thirty-first state admitted to the union. With so many songs written about it, there must be something special about California, and in fact, there is. Sure, there’s the beautiful topography, the pristine beaches, and the endless drops of sun all year round, but what else? The MSPL received an invitation from Notre Dame’s William K. Warren Foundation Dean of the College of Science, Gregory P. Crawford, to visit Silicon Valley for a full week to find out what really makes California unique. We learned that the Golden State is more than just a pretty place—it’s all about hard work, passion for what you do, and an effortless vibe of excitement.

Dean Crawford is relocating to California to launch a strong Notre Dame presence on the West Coast. After all, California boasts the second highest number of Notre Dame Alumni in the entire United States. But in addition to this fact, Notre Dame has solidly established itself as a competitive science, technology, and business university—three qualities that fit like a glove with NorCal’s high-tech atmosphere (think Google, Facebook, and a whole host of start-ups that have hit the area like a spontaneous meteor shower within the past decade and a half). Dean Crawford serves as a charismatic ambassador between the halls of gold and blue in Indiana and the glistening sunshine soaked techie industry in San Francisco. During a brief November, 2014 meeting with the MSPL, Dean Crawford shared his plans for the ND-CA alliance. A casual comment was thrown out suggesting that Dean Crawford host the class in California during the second semester of the program. Dean Crawford immediately jumped on board. Ten weeks later we boarded a plane and watched the frigid snow of South Bend disappear, touching down a few hours later in beautiful San Francisco on a warm Sunday afternoon.

The MSPL cohort visited multiple private law firms including Morrison Foerster, and companies such as Qualcomm and eBay. MSPL’ers also got to spend time with Notre Dame alums that are now living and working in NorCal. Tim Connors informally lectured to the group on the basics of venture capitalism and John McNelis discussed the life of a patent attorney. The week-long Cali trip included some fun events like a visit to Half Moon Bay and some of the best ice cream sandwiches we’d ever tasted in the Valley.

The California trip was fun, but perhaps the most surprising thing about Silicon Valley was the immediate rush of intoxicating intellectual satisfaction that the people of NorCal emanated. Everyone that we were introduced to from IP lawyers to tech-savvy engineers loved what they did, loved where they lived, and exuded an air of confidence and happiness. Silicon Valley, you see, is the land of the start-up. Some new businesses rise up and some don’t make it off the ground. But regardless of whether your venture makes it in this area, at least you tried. And you don’t stop there. You keep going until you do succeed.

I once had an undergrad geography professor who hailed from California and he told us time and time again, “everything you hear about California is true.” He was right. California is one of those rare places that not only looks beautiful on its surface, but is truly filled with inspiring people who have big dreams. It might sound cliché, but the exposure to such a unique area of the country has changed the way that I think. If you have an idea, chase it. If you succeed, great; if you fail, try again. But whatever you do, have the courage to do it, not just dream about it.

Any questions?

Posted on by

A post from our student blogger Catie

If I have learned anything from the MSPL, that lesson would be to always ask questions. Whether we’re in class, speaking to an inventor, or listening to a presentation from a guest speaker, we are individually expected to have at least one question to ask. It may on a surface level seem irritating or may feel like you’re only doing it for the participation points, but it really does serve good purpose. Asking questions shows your professor, inventor, or guest that you are attentively listening to what he or she is saying. It shows that you are invested and interested in the overall message of their speech and would like to know more. A question can enhance the knowledge gained by the audience or may clarify a foggy understanding of part of the content that perhaps other people were wondering as well.

Those are all good purposes for any individual to frequently ask questions, but those of us in patent law know that we have to become pros at mastering it like an art form. For a patent agent, asking questions is not just courtesy; it is our job. In order to do his or her job effectively, a patent agent must ask the right questions of inventors in order to fully understand the invention in all aspects. This is way more difficult than it sounds, as we are pushed to not only ask all the right guiding questions, but we are encouraged to avoid “yes” or “no” questions in order to elicit the most honest and complete responses. Also, regarding interactions with both inventors and the USPTO, patent agents should always pose questions so that they may refrain from accepting everything at face value. Part of the job of a patent agent is to argue, so learning to constantly have questions provides great training for the career.

To some, this may seem like an easy task. However, the MSPL has made me push myself to break out of my own mold. I have always been the kind of person to never ask questions, unless I REALLY had a burning question. I’m a “head nodder”, so I figured that my body language and silence were signs to the person speaking that I understood what was going on. It was somewhat of an annoyance to me to be so strongly encouraged to speak more, and it still takes a lot for me to compose thoughtful, genuine questions to ask on such a frequent basis. That being said, I think that I’ve learned from it, and I am seeing changes in myself. I think it was most obvious to me while I was at mass in Notre Dame’s beautiful Basilica for Ash Wednesday service, and I had to stop myself from raising my hand to ask a question during the homily! Clearly, the habit of asking questions is slowly becoming instilled in me as a subconscious act.

To conclude, the students of the MSPL are learning an incredibly important skill of persistently asking questions, but are also training to master what questions to ask and when to ask them. I am seeing myself develop these skills, and I am subsequently gaining an understanding of how these skills will make me a better patent professional when I am working in the field!

Decoding the matrix

Posted on by

A post from our student blogger Roberto

As an undergraduate I remember waking up one morning and everything changed.  Before that day I remember straining my brain each second trying to memorize every piece of information my teachers went over in class.  When the time came to prepare for the test I would work through the notes and redo all the practice problems hoping to just re-learn all those examples from class.  Then exam day would come and the questions would be different. As a result, I would be forced to exercise my creative knowledge on test day.  As if those tests weren’t hard enough I would later learn that this method of studying made them far more difficult than they had to be.

As I said, there was a day when this all changed.  Maybe it was a result of staying up all night in computer lab trying to figure out which sign change I needed to make in order for my code to work but one morning I woke up and everything was different.  It was almost a matrix-like moment, for all of my Keanu Reeves fans out there.  Rather than furiously copying down everything I saw on the chalk board I was found myself taking very few notes.  I had finally connected the dots, I had begun to piece the concepts together.  I actually began to look at problems and see the numbers and underlying concepts behind what was going on.  I would take pieces from my other classes and use them to predict what the teacher would say next.  Before long I had unlocked a whole new level of learning and understanding.

When I was going through bootcamp here in the MSPL I realized that I had to become a student of something entirely different than the engineering coursework I was used too.  My reset button had been pressed and back again were the days of tirelessly scribbling notes I would probably never make sense of.  Initially, it was a bit of transition for me going from engineering to law.  I was not used to analyzing words so carefully nor was I accustomed to memorizing statutes and laws.  While I knew all of our classes had been carefully interwoven together it was hard for me to see the common thread at first.  Each time our professors lectured or we listened to guest speakers I was amazed at the level of knowledge they possessed of the law.  They spoke about the law so fluently and eloquently it was as if I was in a foreign country.

After a while the hard work in the classes started to pay off.  I began to put the pieces together and I started to truly understand, rather than memorize, concepts.  While I was studying for the patent bar I began to realize the true intent of the system and that answers to questions would always flow from that understanding.  It was a really great to feel like I understood what patent law was about and what the goal of it was.  The closest comparison I can make is that when you were young your parents instilled in you a sense of right and wrong, a moral compass.  At first, it was difficult to differentiate right from wrong and we would often pay for the price for it.  After a while though we began to trust our moral compass and simply ask ourselves what would be the right thing to do.  Rather than memorizing rules we relied upon our understanding of much larger concepts.

For my news tidbit of the week I (regrettably) once again turn our attention to the Seattle Seahawks and their running back Marshawn Lynch.  As many who follow the NFL know, star NFL players are required to be available for public media interviews after games or at league scheduled events.  Many stars, including Aaron Rodgers, Jordy Nelson, Eddie Lacy and Randall Cobb, rarely make headlines for these interviews.  Some players however have utilized the venue to air grievances with coaches, opposing players or teammates.  Lynch made headlines this season not for what he said, but what he did not say.  After refusing to answer questions from the media during the majority of the season, and being subsequently fined by the NFL, Lynch decided to answer all media questions with the simple word “yeah”.    The next week Lynch answered all questions with “Nope” and over the next few weeks all questions were answered with “Thank you for asking”, “I appreciate it” or “I’m thankful”.  Many wondered what Lynch would say during “media week”, which is the week before the Superbowl.  Rather than answering questions with one of his already coined responses or not answering at all, this time Lynch responded to every single question with a variant of “I’m just here so I won’t get fined”.  Now, a few weeks after that now famous interview, Lynch is attempting to file a U.S. trademark on the phrase.  Presumably, Lynch intends on reproducing his famous line on his own personal brand of clothing.  As you may know, this trademark would allow him to stop others from reproducing that phrase. While Lynch’s series of interviews will go down in sports lore it is awesome to see intellectual property coming into play and I am excited to see what he does with the phrase.

Classroom tested, industry ready

Posted on by

A post from our student blogger Roberto

The first few weeks of the second semester have gone by fast.  These new classes are refreshing and offer a whole new take on patent law.  The most dramatic difference so far has been in our capstone class where we have been paired with industry mentors who will review all of our assignments.  Their feedback will be instrumental as we craft our final patent application.  It is helpful having someone who you can go to with complicated questions and needed advice along the way.  As many of the bloggers mentioned, writing a good set of claims is a form of art.  Having an industry mentor allows you to see a completely different artistic style as well pick up helpful tips they have learned through their careers.

In our other classes we have already covered several interesting topics.  Claim interpretation, figuring out how a set of claims impacts the potential infringement of an article, so far has really interested me.  Claim interpretation is almost entirely an exercise in argument between the two sides over the meaning of words and the use of punctuation.  Patent Litigators, individuals with a law degree, argue before each other, judges and a jury about all of these things.  In the end, millions of dollars have been spent (typically) and the entire landscape of an industry may change. For example, in recent years Samsung has had to pay out around $1.2B to Apple in patent disputes over their competing technologies, according to Forbes.

Last semester we spent a good amount of time working on claims for physical devices but not much time working on what are called “method” claims.  Method claims protect a certain way of doing things to achieve a specific, new and useful result.  This semester we have a whole series of assignments directed to constructing these special claims.  This experience will be very useful for many students since their capstone projects require the use of this type of claim.  When would a method claim be useful?  Well, suppose that you decided to try to use engine degreaser to ward off the pesky ants persistently attempting to infiltrate the crack under your front door.  Much to your amazement the ants, and all other insects for that matter, never came near your door again.  Suppose you wanted to patent this newly found miracle ant repellant.  Well, you couldn’t get a patent on the actual ant repellant since it was just some engine degreaser you had lying around.  What you could attempt to do however, is obtain a method patent on the new and useful method of spraying engine degreaser on areas to repel ants.   Writing claims to protect methods is very different and in many senses more difficult since you are not claiming a physical article and instead a process.

In general, this semester is geared towards getting us ready for the day-to-day life of being a patent agent.  We are routinely turning in assignments simulating those we will have at our jobs in a few months.  As an engineer, I really appreciate having the opportunity to practice the legal writing and formatting skills many take for granted.  One last piece of exciting news is that being a patent agent was just rated the #4 on CNN’s “Best Jobs in America” list. This is great news for the MSPL students and only reaffirms our excitement to join the field.

The Packers lost.  I will be the first to admit that they deserved to lose.  And, in the end, I am glad they did.  A few days after the loss the younger brother of our head coach died of a heart attack suddenly and without warning.  I am thankful that we lost because it meant that our coach had the opportunity to speak with his brother during those final days; an opportunity that he otherwise may not have had.  As the great Vince Lombardi once said, “In my life there are three things: God, Family and the Green Bay Packers.  In that order.”