The MS in U.S. Patent Practice 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.
This 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 such as this one, that teaches students the art of patent drafting, will likely result in student competency, marketability, and higher compensation.
The coursework in this 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.
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.
*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.
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)
- PATA 5100 Introduction to Patent Law
- PATA 5110 Patent Research and Writing
- PATA 5120 Foundations of Intellectual Property Law
- PATA 5200 Patent Drafting
- PATA 5210 Patent Prosecution
- PATA 5300 Patent Office Ethics
- PATA 5310 Patent Law Regulations and Procedures
- PATA 5400 Patent Litigation in the Federal Courts
- PATA 6000 Integrated Practices in U.S. Patent Office Procedure
Two elective courses (6 credit hours) from the following:
- PATA 5500 Global Intellectual Property Law
- PATA 5510 Copyright and Trade Secret Law
- PATA 5520 Trademark Law
- PATA 5530 Ownership, Licensing, and Transfer of Intellectual Property
- PATA 5540 Computerized Patent Searching and Patentability
The MS in U.S. Patent Procedure is not approved by the American Bar Association.
Successful completion of Webster’s U.S. Patent Practice program should not be construed to imply state, local, or board certification, as only the United States Patent and Trademark Office licenses patent agents.
LEGL 5000 Introduction to Legal Studies (3)
This course provides a background in the American legal system with emphasis on ethics, terminology, and legal analysis. Course content focuses on an overview of substantive areas such as torts, contracts, property, and criminal law.
PATA 5100 Introduction to Patent Law (3)
This is a substantive patent law course focusing on the federal patent laws (35 U.S.C. 1 et seq.). This course will cover the arrangement of the U.S. Patent Office, the requirements of patentability, and the patent application process. This course introduces students to the U.S. patent system, issues relating to patent law, patentability, benefits of obtaining patent protection, defenses to and remedies for patent infringement, and patent issues abroad. Prerequisite: LEGL 5000.
PATA 5110 Patent Research and Writing (3)
This course focuses on familiarizing the student with patent law reference materials. Students will locate, analyze and summarize federal statutes, federal court opinions and federal administrative rules pertaining to patent law. Students learn the essential skills of patent researching and legal reasoning and begin to develop legal writing skills. This course enables students to apply the theory of patent research and writing to practical problems encountered in the patent litigation process. Prerequisite: LEGL 5000.
PATA 5120 Foundations in Intellectual Property Law (3)
This course is a survey of the four primary areas of intellectual property--patents, trademarks, copyrights, and trade secrets. This course will compare and contrast the protections afforded by each of these primary areas of intellectual property law, and will clarify the scope and limits of patent protection for new inventions and discoveries. Prerequisite: LEGL 5000.
PATA 5200 Patent Drafting (3)
This is a practical skills course that teaches the fundamentals of preparing a patent application, with particular emphasis on claim drafting. Drafting techniques useful for all technical subject matters will be covered. At the end of this course, students are expected to be able to draft proper claims and prepare patent application documents suitable for filing in the U.S. Patent and Trademark Office. Prerequisite: LEGL 5000, PATA 5110, and PATA 5100.
PATA 5210 Patent Prosecution (3)
This is a practical skills course that teaches the fundamentals of prosecuting patent applications - corresponding with the U.S. Patent and Trademark Office to overcome formal and substantive rejections of a patent application. Prosecution strategy with a view toward subsequent enforcement of the resulting patent will be emphasized. At the end of this course, students are expected to be able to draft a proper response to an Office Action issued by the U.S. Patent and Trademark Office, and handle other issues with the U.S. Patent and Trademark Office relating to the issuance and maintenance of U.S. patents. Prerequisite: LEGL 5000.
PATA 5300 Patent Office Ethics (3)
This course will focus on the ethical and professional responsibilities facing patent agents when submitting work before the United States Patent and Trademark Office. It will examine ethical considerations such as confidentiality, unauthorized practice of law, conflict of interest, as well as the consequences of unethical behavior. In addition, students will be provided with frameworks for dealing with the moral dilemma patent agents face.
PATA 5310 Patent Law Regulations and Procedures (3)
This course reviews the patent laws (35 U.S.C. 1 et seq.), the formal patent rules (37 CFR), and information patent rules (the Manual of Patent Examining Procedure). One of the objectives of this course is for students to become familiar with the practical side of how the patent laws are implemented by the U.S. Patent and Trademark Office. Students will also learn the nuts and bolts of patent filing - what papers are necessary to file a patent application and how to prepare and file them. This course will also cover ethical issues of patent preparation and prosecution. Prerequisite: LEGL 5000 and PATA 5100.
PATA 5400 Patent Litigation and the Federal Courts (3)
This is a substantive law course focusing on the Court of Appeals for the Federal Circuit, which has exclusive jurisdiction over most patent-related lawsuits. This course will cover the structure of the Court, and its procedures, and the effect of the Court's decisions on Patent Office Procedures and patent litigation. Specific attention will be given to the study of the significant rulings of the Federal Circuit on the interpretation of patents, the determination of infringement, and the remedies available for infringement. Prerequisite: LEGL 5000, PATA 5110, and PATA 5100.
PATA 5500 Global Intellectual Property Law (3)
This course will introduce students to intellectual property outside the U.S. It will also cover the challenges and problems in protecting and enforcing patents, trademarks, copyrights, and trade secrets outside the U.S. Additionally, this course will cover the major intellectual property treaties, including the Paris Convention; The Patent Cooperation Treaty; the Madrid Agreement and the Madrid Protocol; the Berne Convention; the Universal Copyright Convention, and others, focusing on the practical impact of these treaties on protecting rights outside of the United States. Prerequisite: LEGL 5000.
PATA 5510 Copyright Law and Trade Secret Law (3)
This is a substantive law course covering the federal copyright statute (17 U.S.C. 101 et seq.) and the federal and state statutes governing trade secrets and confidential information. Issues to be examined include copyrightable subject matter, the exclusive rights afforded by copyright, ownership of copyright, and fair use. Additionally, this course will cover the preparation and prosecution of applications for copyright registration, and the federal and state schemes for protecting and enforcing rights in trade secrets and other confidential information. Prerequisite: LEGL 5000 and PATA 5120.
PATA 5520 Trademark Law (3)
This is a substantive law course covering the federal and state statutory and common law schemes for protecting trademarks and service marks. This course follows the process of selecting and protecting a trademark including pre-adoption searching, preparation and filing of applications, prosecution of applications, and issuance and maintenance of trademark registrations in the U.S. and abroad. Prerequisite: LEGL 5000 and PATA 5120.
PATA 5530 Ownership, Licensing, and Transfer of Intellectual Property (3)
This is a practical skills course covering the basics of contract formation and drafting. This course will cover the preparation and interpretation of agreements affecting the ownership, licensing, and transfer of intellectual property, including patents, trademarks, copyrights, and trade secrets. Prerequisite: LEGL 5000 and PATA 5120.
PATA 5540 Computerized Patent Searching and Patentability (3)
This is a legal researching and writing skills course that will focus on searching strategies and databases in patent contexts. This course will address both publicly available and private databases for searching for prior art for patentability and validity purposes, and legal precedent to support application and enforcement efforts. Prerequisite: LEGL 5000 and PATA 5120.
PATA 6000 Integrated Practices in U.S. Patent Office Procedure (3)
This is the capstone practical skills course bringing together all of the substantive law knowledge and practical skills training and applying it to the searching, preparation, filing, and prosecution of a patent application on an invention. Students will follow a project from start to finish, producing a portfolio-type work product that may be useful as a writing sample. Prerequisite: Completion of all other required courses in this major.
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