M.S. in Patent Practice (Online Only)

Program Description

The U.S. patent practice program prepares students who have a science or engineering background* to practice as patent agents before the United States Patent and Trademark Office in patent cases. A patent agent is a non-attorney whose license, issued by the Patent and Trademark Office, allows the person to prepare and prosecute patent applications. The global legal community is experiencing an increasing demand for intellectual property law services, thereby resulting in an increasing demand for patent agents knowledgeable in the field of intellectual property law.

The U.S. patent practice program provides the theoretical and practical knowledge needed to enter the field of patent agency well-prepared to prepare and prosecute patent cases. This program does not administer the Patent Agency Bar Examination, as the administration of the examination is the exclusive province of the United States Patent and Trademark Office.

However, in addition to the theoretical and practical knowledge this program provides, a student can use the program to help prepare for taking the Patent Agent Bar Examination. Notably, the written portion of the Patent Agent Bar Examination has recently been eliminated. That means that many patent agents who pass the examination could be entering the work force with virtually no preparation in patent application drafting. A course of study that teaches students the art of patent drafting such as this one, will likely result in higher student competency, marketability, and compensation.

The coursework in the U.S. patent practice program is designed to provide students who have a science or engineering degree the opportunity to practice as patent agents before the United States Patent and Trademark Office in patent cases. In addition, the coursework is designed to help prepare students to take the Patent Agent Bar Examination.

*Pursuant to the General Requirements Bulletin for Admission to the Examination for Registration to Practice in Patent Cases before the United States Patent and Trademark Office, patent agents must possess the “legal, scientific, and technical qualifications necessary to enable him or her to render applicants for patents valuable service.” Section 10.7. See Section 10.7 for educational credentials that can demonstrate the required scientific and technical training. Students in this program are entirely responsible for ensuring that they qualify to sit for the Patent Agent Bar Examination. For more information, please visit http://www.uspto.gov/web/offices/dcom/olia/oed/examregist.htm.

Learning Goals for the Patent Agency Program

Upon completion of the program, students should:

• Understand the fundamentals of legal reasoning and analysis.
• Understand the legal environment in which individuals, businesses, and the judiciary operate.
• Be able to apply the theory of legal research and writing to practical problems encountered in patent litigation.
• Obtain the practical knowledge needed to enter the field of patent agency well prepared to prepare and prosecute patent cases.
• Understand the rules and regulations governing the filing and prosecution of applications before the U.S. Patent and Trademark Office, including both the legal and ethical obligations of those practicing before the Office.
• Master the computer skills necessary to search for patents along with finding court precedent regarding various patents.
• Learn the fundamentals of intellectual property law and how it applies to patent litigation.

Program Curriculum

The 36 credit hours required for the MA degree must include the following courses for a major in patent agency.

• LEGL 5000 Introduction to Legal Studies (Requisite Course)
• LEGL 5260 Methods of Legal Research and Writing I
• PATA 5900 Foundations of Intellectual Property Law
• PATA 5910 Patent Law
• PATA 5920 Patent Drafting
• PATA 5930 Patent Prosecution
• PATA 5940 Patent Law Regulations, Procedures, and Ethics
• PATA 5950 Patent Litigation in the Federal Courts
• PATA 6030 Integrated Practices in Patent Agency

Three elective courses (9 credit hours) from the following:

• PATA 5710 Global Intellectual Property Law
• PATA 5720 Copyright and Trade Secret Law
• PATA 5730 Trademark Law
• PATA 5740 Ownership, Licensing, and Transfer of Intellectual Property
• PATA 5750 Computerized Patent Searching and Patentability
• LEGL 5800 Computerized Legal Research
• LEAN 5620 Applied Legal Decision Making

Since the MA in patent agency is not a law or paralegal degree, it is not approved by the American Bar Association.

Successful completion of Webster’s patent agency program should not be construed to imply state, local, or board certification, as only the United States Patent and Trademark Office licenses patent agents.

Special Note

Please note that the MS in U.S. Patent Practice is not approved by the American Bar Association and is not intended to prepare students to work as paralegals. The program is expected to be online in Fall, 2010.

A legal assistant or paralegal is a person, qualified by education, training, or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible. Paralegals or Legal Assistants may not provide legal services directly to the public, except as permitted by law. Webster University's St. Louis area paralegal programs have been approved by the American Bar Association. The Kansas City program is not approved by the American Bar Association.