Intellectual Property Courses
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Topics to be covered include (1) the extraterritorial protection of intellectual property rights, including the concept of globalization; (2) international mechanisms for the acquisition of intellectual property rights; (3) international enforcement of intellectual property rights by rights holders, including parallel imports and gray market goods; (4) disputes between states; and (5) the future of international intellectual property law and policy, in particular issues related to domain names and Internet websites. Introduction to Intellectual Property LAW 661 (3 hours) The course is a study of trademark, patent, and trade secret law, including the law of copyright and the misappropriation of ideas. Patent Law LAW 698 (3 hours) This course examines the major issues of the substantive patent law of the United States. Topics include patentable subject matter, utility, novelty, statutory bars, priority of invention, non-obviousness, scope and content of the prior art, disclosure and enablement, reissue and reexamination, infringement, misuse, remedies, and the relationship between trade secret and patent law. The process for obtaining a patent from the U.S. Patent and Trademark Office will not be covered in depth, but there will be an introduction to this process. Copyright Law LAW 703 (3 hours) This course examines the nature of the rights protected under federal copyright law and the types of works that qualify for protection, including literary, artistic, and musical works. This course also covers copyright duration, ownership, formalities, remedies for infringement, and principles of international protection. The Copyright Act of 1976 as amended forms the core statutory material covered by the course. The final grade is based upon class participation, a paper and an in-class presentation. Trademark & Unfair Competition LAW 716 (3 hours) This course offers students an introduction to acquiring and protecting trademarks. Students learn how to counsel clients on what may serve as a proper trademark, how to register a mark with the state and the U.S. Patent and Trademark Office, the nature of an infringement lawsuit, and defending trademarks against domain name "cybersquatters" in US courts and through international arbitration systems. This course is designed to give students a practical rather than theoretical view of trademark law and as such frequently incorporates local practitioners in delivering course materials and answering students' questions. The final grade is based upon class participation, a paper and an in-class presentation. Intellectual Property Clinic LAW 723 (3 hours) The Intellectual Property Law Clinic offers a rare opportunity to work with clients involved with developing new products and businesses. Under the supervision of intellectual property lawyers at the Center for Law & Innovation and Maine Patent Program, students work directly with independent inventors, entrepreneurs, and research scientists. A wide variety of projects exist for acquiring practical skills as an IP lawyer. Students typically review innovation disclosures for patentability and write opinion letters based on their results. They will frequently determine whether trademarks qualify for protection and are available for registration, and counsel clients on how to proceed. In the case of university clients, students may assist with drafting a patent application, registering a copyright, applying for a trademark, or working on a licensing agreement. Maine Law's IP Clinic is one of only a handful across the U.S. certified with the USPTO through its pilot clinical program in both patents and trademarks, allowing our students to file patent and trademark applications on behalf of inventors and entrepreneurs. Students may enroll in IP Law Clinic for either 3 or 6 credits for up to two semesters. No prerequisites are required and students may enroll in IP Clinic as early as the summer after their 1L year. Advanced Intellectual Property Clinic Pre-requisites: Intellectual Property Clinic (P or HP grade) and permission of IP Clinic Instructor (3 or 6 hours) Students who have successfully completed Intellectual Property Clinic and wish to enroll in a second semester may apply for admission to Advanced Intellectual Property Clinic. This course will provide students will more challenging cases and encourage development of more advanced transactional skills focusing on the field of intellectual property. Students will draft more advanced contracts such as intellectual property licensing agreements, an assignment of intellectual property rights, confidentiality agreements/non-disclosure agreements, and the like, and may be involved in pre–litigation counseling and dispute resolution in IP infringement situations. Students will also be expected to handle similar cases to those assigned in IP Clinic, but should be able to resolve them more efficiently. In addition, Advanced IP Clinic students will be assigned mentoring roles to work with IP Clinic students who are new to IP and the clinic setting.