Curriculum Planning
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IP Curriculum Issues
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IP Survey - important to all
Many students could benefit from taking at least one class in intellectual property since intellectual property is a burgeoning area of law that lawyers in all areas of expertise increasingly must have some familiarity. This could be important to a budding corporate lawyer or litigator, as well as to a potential judicial extern that must write an opinion about a trademark issue.
The IP survey class, which is offered every semester (Fall and Spring) is an excellent course to take for students who want a general overview of what constitutes IP so that they know when IP can be an asset or a liability; it is also offered in the evening at least once a year to ensure that PTE students can take this class. All major areas of IP are covered - trademarks, copyrights, patents, and trade secrets - and no technical background is required to excel in this course. Rather, there are lots of interesting and accessible cases about things such as the movie Rocky IV, Koosh Balls, and even patents on baseballs.
This is a good first class to take since it is a pre-requisite for a number of advanced IP courses.
Fundamental & Complementary Courses
While Loyola offers a number of IP classes, students planning to specialize in this area for their career are nonetheless strongly recommended to take courses in a variety of areas. These are discussed first to emphasize that they should not be overlooked by students eager to take classes in their planned career.
Students should consider taking a variety of fundamental classes. Administrative law (usually offered every semester) is a good course outside the area of intellectual property because the US Patent and Trademark Office is a type of administrative agency. In addition, Business Organizations (offered every semester) is also a good course to take for students who may someday become general in-house counsel for a company - such careers are often not planned, but when they happen, taking a law school course is a luxury that is generally not realistic. So taking such a course in law school is recommended. In addition, even though a course on Legislation may not focus on IP topics, IP law is constantly changing and often through legislation. So, a course on legislation could be helpful.
Students should also consider complementary courses outside the law school. This is particularly true for students with a B.A./B.S. in biology, planning on entering the field of patent law since this is a very competitive area - there are often many PhD candidates. In addition, students can and should also consider other courses outside the law school, such as business school classes.
In addition, students should also consider taking courses that simply pique their interest since law school offers a unique opportunity to sample courses in other areas of law, including areas that may not directly relate to future career plans. So, for example, if you are interested in child law issues, you should consider taking a clinic in child law, even if you plan to litigate only IP cases.
Beyond the specific subject matter of courses, students should also consider the general balance of types of courses. For example, some are traditional exam courses, whereas a seminar, clinic, or externship may offer a different learning experience.
IP LITIGATION
For students interested in litigating intellectual property cases - whether patent, trademark, copyright, or trade secret -- traditional courses in advocacy (evidence, and trial practice) are important. These courses are widely available - evidence is generally offered every semester, as well as over the summer; trial practice is similarly offered every semester (note that completing evidence is a pre-requisite), with special sections of intensive trial practice offered in December and May.
In addition, courses focused on pre-trial practice are particularly relevant since many IP cases are large cases that settle before trial. Accordingly, classes on negotiation as well as motion practice would be relevant. In addition, judicial externships can offer excellent experience since federal courts all intellectual property cases are heard in federal courts and student externs have often had the opportunity to work on such cases. Students may become judicial externs as early as the summer after their 1L year.
There is one pre-trial litigation course specific to IP that is offered every Fall semester: Patent Pre-Trial Litigation. This is offered in the evening and team taught by a group of seasoned practitioners, including some Loyola alums. Although the focus is on patents, it may also be of interest to students pursuing other types of IP as well. The class simulates an actual litigation by dividing the class into two teams, each of which drafts pleadings, and motions, as well as does mock arguments concerning a "Markman" claim construction hearing. This is probably a good class to take as a 3L after having first taken the IP survey class, which is a pre-requisite.
COPYRIGHTS & TRADEMARKS - Non-litigation
For students interested in copyright and trademarks, but not in litigation, corporate and transactional courses would be relevant. After all, copyrights and trademarks are corporate assets, so taking courses involving corporate law would be relevant ranging from a basic class on business organization, to contract drafting. In addition, negotiation and counseling classes may be helpful; in particular Course 496, Client Counseling and Negotiation, is recommended. The section of contract negotiation and drafting involving technology (Course 264) is highly recommended. E-commerce law is also recommended, although it is not regularly offered.
Entertainment & Sports law. For those who have a related interest in these areas, there are specific courses that address these topics, 236 - Entertainment and Sports Law, and 402 - Entertainment Law and Counseling Seminar.
PATENTS
For students with a technical background intending to pursue a career in patent law, litigation courses may still be relevant if they are interested in litigation. In addition, the Patent Law Seminar is the most important class after the IP survey since it provides a more in-depth examination of the patent statutes and culminates in a project that simulates the work of actual patent attorneys: drafting either a patent infringement opinion, or a patent validity opinion.
Students that know that they want to "prosecute" patents (work with the US Patent Office to obtain patents), or are at least are not sure they want to litigate, should consider taking the patent prosecution class to gain exposure to what this work entails. Students will engage in claim drafting, as well as discussions and simulations of responding to "office actions" from the USPTO. Students should take this class after the IP survey. They can take it simultaneously with the Patent Law Seminar, or after taking the Patent Law Seminar since they have very different goals. In addition, for students who are interested in patents and health, there are a number of classes that are available, including Regulation of Pharmaceuticals, http://www.luc.edu/law/courses/700s.html#718, as well as other health law classes.
Overview of Classes
The following aims to give a visual overview of different types of IP courses and when they are generally available
Introductory IP Classes (no pre-req)
| Class (Course #) | Avail | Offered | Other |
| IP Legal Writing Class | IL | Fall-Spring | Application Reqd |
| IP Advocacy | 2L | Fall | 10 spots available - based on first to register |
| IP Survey (377) | 2L+ | Fall and Spring semester | *Pre-Req for a number of classes |
| Cyberlaw (244) | 2L+ | Spring | |
| Comparative Perspectives on Patent Law, Policy and Health Care (232; 504) | 2L+ | Occasional | |
| Patents, Academic Research, Health and Public Policy (555) | 2L+ | Occasional |
Advanced IP Classes
| Class | Offered | Pre-Req | Description |
| Patent Law Seminar (340) | Spring | IP Survey reqd. | Substance of patent law (more in-depth than IP survey) |
| Patent Prosecution Seminar (506) | Spring | IP Survey reqd. | Techniques of patent claim drafting and prosecution |
| Patent Law Litigation Seminar (277) | Fall | IP Survey reqd. | "Hands on" Pre-Trial Litigation exercises, including pleadings and Markham hearings |
| Trademark Law Seminar (542) | Fall | IP Survey reqd. | More trademark (than IP survey class) |
| Advanced Copyright Law (351) | Spring | IP Survey reqd. | More copyright (than IP survey class) |
| Advanced Legal Research: IP (289) | Occasional | The course number is for "special topics," but sometimes the topic is IP. When available, it offers a hands-on research seminar for array of IP areas including trademark and patent. Note: 12 students only. |
Extracurricular Opportunities
There are a host of extracurricular opportunities available to Loyola students interested in exploring intellectual property. First, there is an IP moot court team. In addition, Loyola offers an IP Colloquium that features nationally renowned professors; for more information, see www.chicagoip.com.
There are also a number of student groups that host speakers and panels on IP issues. The current groups include the IPLS, Arts Law Group, and the Sports & Entertainment Group.
In addition, students can participate in a number of national competitions in IP that include both writing contests, as well as the opportunity to serve on a national IP journal. For more information on the IP Journal, see the information below on FAQ about whether Loyola will have an IP Journal.
FAQ
In addition, to the above, here are some common questions (with answers!) that often come up in the context of discussions about IP curriculum. In addition, students can also check out http://www.luc.edu/law/academics/special/center/intellectual/myths.html, for additional FAQ concerning myths versus reality about IP law.
Q: Is a technical background required for practicing IP?
A: No. A technical background is relevant to practicing patent law, but is not required for practicing trademark or copyright law.
Q: Will Loyola Offer a Certificate in IP?
A: No. While Loyola has offers a number of certificates in various areas, it is the considered opinion of the IP faculty that a certificate in IP will not help students seeking IP jobs. In addition, the IP faculty prefers to counsel students individually about the best education pathway, rather than simply provide a list of courses that students should take.
Q: Will Loyola Offer an IP Journal?
A: No. The IP faculty are aware that Loyola does not have an IP Journal and do not believe at the present time that such a journal would be a worthwhile endeavor. There is already a plethora of IP journals, but a limited pool of strong articles. Moreover, for students who want to write student notes on IP issues, they can already do this on any of the existing journal; indeed, students have written IP-related notes on the Loyola Law Journal, Consumer Law Review, Annals of Health Law and Int'l Journal. In addition, while it may seem appealing to work only on articles involving intellectual property, it can actually be beneficial to students to learn about related areas before embarking in a career focused on IP. Moreover, there is a national IP journal - the American Intellectual Property Law Quarterly (AIPLAQ) that students can apply to be a part of; the competition occurs in the Spring (usually March) of each year. A form is required to seek permission to compete and is available at http://www.aipla.org/Content/ContentGroups/Meetings_and_Events1/Competitions/20091/ RequestToCompeteForm.pdf.
Q: When Should I Take the Patent Bar?
A: This is a difficult question to answer, but you should remember that studying for the patent bar is not legal experience that you can put on your resume. Accordingly, students are not recommended to study for the patent bar in lieu of obtaining legal employment as 1Ls. Taking and passing the patent bar may be a "plus" factor on resumes, but it is not necessary, nor does it necessarily guarantee better results. Accordingly, students are encouraged not to put all their "eggs" in the patent bar basket.
Q: Which law school class will help me pass the patent bar?
A: There are some law school classes that cover some information on the patent bar, but there is no single law school course designed to help students pass the patent bar. To meet that goal, students are instead recommended to take a commercial course. Students have successfully passed with all available courses; you should pick the one that best suits your budget and learning style. For example, some courses have a live lecture component whereas others have DVDs. The most important factor to passing the patent bar is to master the material; one excellent way of doing so is by doing many old exams, which all the reviews provide.
