Tag Archives: University

Can you handle grad school?

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A post from our student blogger Catie

What everyone tells you is true: grad school is difficult. Is anyone really surprised by that? I somewhat addressed this topic in a post from last semester, but I would like to talk about it more in-depth, incorporating reflections from my experiences from the current semester. As I have mentioned before, I was a graduating genetics senior this time last year. As recent as it seems, it was only a year ago when I myself had so many questions in my mind about what grad school would be like. Of course it’s going to be difficult: I’m entering graduate school at Notre Dame! My real question was: can I do it? Can I handle the work of graduate school? Will I be any good at this patent law stuff?

Grad school is hard; otherwise, everyone would go! I knew this, and I initially had fears that I wouldn’t be able to keep up, which is quite an ominous fear when you’re paying Notre Dame tuition! Another note of advice that you’re likely hearing is that grad school requires a lot of time management. This is also true. However, you had to master time management in undergrad, too, right? This is not something that is ever going away: the program’s visits to San Francisco and D.C. have indisputably taught us that time management will be a major theme during your career, as well.

To connect these two points of advice: have faith that you CAN survive grad school, as long as you are fully aware that you will be tasked with a new world of time management. Grad school is a whole new world. Throughout the year, during casual conversations about how school is going for me, plenty of people had made comments along the line of “you’re in college”. I have been pretty adamant in gently reminding those individuals that I am in grad school, which is most definitely different from undergrad. I am no longer simply going to school, where I am taking an array of classes; I am training for a career and doing class work that is going to prepare me for that upcoming career!

To put this into perspective: I just recently completed my final presentation for my capstone project. I survived drafting my first complete patent application! Seven months ago, I had no idea how I was going to reach this point! The thought of drafting a complete patent application on my own (with plenty of wise guidance from mentors, of course) was simply not something that I could see myself accomplishing. Here I am now, with my capstone completed, and yet I am still taking one day at a time balancing the work from my patent law classes, a group presentation for my elective, work for my internship, correspondence with potential employers, study materials for the patent bar, as well as my miscellaneous day-to-day tasks. The point that I’m trying to make is that I have already completed what I expected to be an insurmountable task, and yet I’m still trucking along and successfully balancing more than I ever thought I could. This is incredible: someone tell this to Catie from one year ago!

What I really want to get across to any prospective student is that you should not be fearful of being able to handle the work load of the MSPL. As long as you put forth the effort and are willing to learn, you will find your balance and discover yourself keeping up with the work. Grad school is a different world, but the adjustment just takes time to master, just like any other change in life. I mentioned how much I have on my plate right now, and it definitely keeps me busy. However, make no mistake: I still absolutely make time for myself. You have to make time to wind down; it’s how you’re going to draft a patent application without going insane! I allow myself to make time for the run that I wanted to go on, the trip to the Grotto that I told myself that I would make, the weekend trip home to see loved ones, and of course: the night out with classmates to watch some Notre Dame March Madness! It’s all about time management, but also making sure that you are taking breaks to take care of yourself.

AUTM Days 2 and 3

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On Wednesday I attended a very interesting session: “Not the Usual Suspects: Non-traditional IP from Non-traditional Sources.” The panel presenters from the OTT from the University of Illinois shared how they realized one day that they were only interacting with a very small part of their campus. To kick start communication with the rest of the campus, they held an open meeting with the deans of the humanities and social science departments to discuss what the OTT does and what types of resources they could offer.

They have since partnered with foreign language department, industrial design, music, sociology, psychology and architecture. The OTT has made the commitment to the entire campus to listen and learn, and to adapt existing processes and tools (within reason) in order to meet non-traditional IP needs.

One presenter from a consulting company mentioned something important to think about when opening up OTT resources to departments other than STEM – impact is not always proportional to dollars. These projects are still important.

The consultant also talked about licensing opportunities for university collections of art, music, artifacts, antique maps, and books. These licensing agreements are often very different from tech agreements in that they are limited term, payout minimum royalties in advance and often specify how the work is to be used (replicated on t-shirts, used as a logo for software, etc.). This type of licensing protects the university’s investment in the collection.

Today on the closing day of the conference, I attended a session which was essentially an open discussion about faculty expectations of tech transfer offices. Many topics were brought up in this session both from faculty representatives and OTT representatives such as faculty motivation for disclosing their IP (money, altruism), the need for consistent clear expectations and communication from both parties, and showing the value of what the OTT can bring to the inventor.

One university representative talked about having a faculty liaison act as a bridge between OTT and the inventor. When OTT has to say no to a technology or invention, the inventor might doubt that the OTT office has done its due diligence, but if a colleague explains why it can’t move forward, they are often more accepting of the news.

One panel presenter who has been on both the university and the corporate side of IP, suggested that the OTT be more involved with the brainstorming around how ideas and technology could be used. He gave the example of a chemist who is very interested in how certain molecules are bonding, but is unsure of how this would be applicable commercially. The OTT staff could bring an outside perspective on ways the technology could be used.

Another suggestion from the audience is using a third-party patentability and licensing analyst. This negates any perception of the tech transfer office being biased toward individual faculty or departments.

 

 

 

Tech Transfer and Patents: Observations at AUTM

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My name is Cathi Kennedy and I am the program coordinator for the MSc in Patent Law. This week I’m attending the Association of University Technology Managers’ (AUTM) Central Regional Meeting in Indianapolis. Representatives from universities, law firms, and industry are here to exchange ideas, network, and learn about new trends and practices in the field.

Having neither a technical nor legal background, I am here to observe and absorb information and meet nice, very smart people who are interested in hearing about the MSc in Patent Law program.

Today’s first session was about the America Invents Act, which went into effect on March 16th. Two people on the panel were from the USPTO. They spoke to the new procedures and requirements surrounding the new act, and also about the AIA training and resources available for both new and seasoned patent examiners.

The other presenters were from law firms and a tech transfer office. They spoke about how the new act is changing the way patent applications are being written and prosecuted and took questions from the audience.

I also attended an interactive session on “Negotiating the Basics.” In this session, we broke out into groups in which half the took the side of the university and the other half played the role of the industry. Each side then had to go through the terms of negotiation on the technology for the Horseless Carriage from their perspective. The terms that were considered were scope, term, joint development, reps and warranties, consideration (payments), improvements, and enforcement of patent rights.

My half of the group represented the company side of the negotiation (although all the members of the group work for tech transfer departments). Panel representatives from a university tech transfer office and from a large biotech company then talked through each of the terms of negotiation from their viewpoint. It was interesting to see how each side ranked the terms’ importance and which areas were more contentious (consideration and reps and warranties for instance).

Tomorrow’s agenda: licensing opportunities from non-traditional sources, and trends and strategies for working with academia from the industry leader perspective.

ND Law School IP Clinic Expands to Include MSPL Students

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Notre Dame Law School’s Intellectual Property and Entrepreneurship Clinic (Clinic) will be the first law school clinic to include Master of Science in Patent Law (MSPL) students practicing in the United States Patent and Trademark Office (USPTO)  Law School Clinic Certification Pilot Program (Program).

Launched in January 2012, the Clinic provides students with valuable experience in applying substantive intellectual property law to client problems, and offers assistance to local businesses and entrepreneurs with counsel on intellectual property related issues.  Under the supervision of a licensed practitioner, law school students participating in the Clinic are able to practice both patent and trademark law at the USPTO, including preparing and filing applications, responding to Office Actions, and communicating with USPTO examiners.

In a first for non-law school students, the USPTO has now extended participation in the patent portion of the Program to University of Notre Dame MSPL students, through the Intellectual Property and Entrepreneurship Clinic.  In conjunction with the Law School’s Clinic, the USPTO has authorized a two-year trial enrollment for MSPL students, beginning in January 2014. MSPL students in the Clinic will work exclusively on patent matters, helping expand capacity in this high-demand area of intellectual property practice, and under the direct supervision of the Clinic’s Director.  By participating in the Clinic, MSPL students will gain first-hand, practical experience through assisting real clients.

A one-year, graduate-level program, the Master of Science in Patent Law prepares students with a technical background to pass the USPTO’s Patent Bar and to succeed in daily practice as a patent agent or patent examiner.

Patent Pros at Work in Universities

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We take pride in noting that patent agents have a wealth of career opportunities—with law firms, the USPTO, and within corporations’ intellectual property divisions, but we haven’t yet mentioned those in our own backyard—universities eager to commercialize the technologies they’ve developed.

Take this quote from a recent article on Inc.com: “One source of new technologies is our national labs and universities that get federal funding. Their mission is to find commercial partners to bring inventions out of the lab and turn them into real products.”

Most universities now have distinct departments devoted to facilitating this process. At Notre Dame, it’s the Office of Technology Transfer. Among their functions:

  • To secure legal protection (patents) for ND technologies,
  • To market those technologies to companies that are well positioned to bring them to the marketplace,
  • To negotiate and execute licenses transferring rights in ND technologies to such companies

 

Just a brief look at the current technologies put forth by the university and you can see the win-win opportunity that patent licensing makes possible, for startup companies and universities alike.

Not to mention the opportunity for the facilitator! Consider it: a job in which you are on the forefront of every advancement that comes out of a university, where you’re the bridge between the academy and the business world, making new technologies available for public benefit. Interested? Contact the Masters Program in Patent Law to learn how our degree is your first step forward.