Shift This! : A Paradigm for Integrating Law School & Law Firm Patent Research


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Shift This! : A Paradigm for Integrating Law School & Law Firm Patent Research

  1. 1. Shift This! : A Paradigm for IntegratingLaw School & Law Firm Patent Research ©Jon R. Cavicchi, J.D., LL.M. (I.P.) Professor and IP Librarian
  2. 2. Disclaimer: Any appearance of promoting UNHLaw is incidental!
  3. 3. Define Scope of Patent Research• Patent Practice – Prosecution – Litigation – Transactional / Business Aspects of IP• Patent Research – Legal research – Searching patent literature & NPL – Fact research
  4. 4. Current Paradigm for Integrating Law School & Law Firm Patent Research?• Law school landscape analysis – Surveying librarians & websites – NONE – Handful of Advanced Legal Research: IP courses • No evidence of patent searching training – Few law school librarians with patent education • Reference/Intellectual Property Librarian
  5. 5. Law School Patent Prosecution Clinics Certification Pilot• USPTO Law School Clinical – 6 of 16 schools prosecute patents• Non Pilot Clinics – Arizona State University – Ave Maria – Chicago Kent – U. Illinois – U. Penn – U. Virginia – Others dabble in entrepreneur and innovation clinics – High instructional and malpractice costs
  6. 6. The UNH Law Difference• Founded by a 3d generation patent lawyer Robert Rines with passion to prepare practice ready patent lawyers – 1st Patent Practice Program in the U.S. – Patent clinics for 40 years doing patent searches – Only Academic IP Library in the U.S. – Only academic IP Librarian in the U.S. • Pioneering vision Library Director Judy Gire, Professor Bill Hennessey and Dean Robert Viles – Only two year elective patent searching curriculum in U.S. – Only Patent Landscape Analysis Clinic in U.S. • Professor Stanley Kowalski, ITTI Director
  7. 7. UNH Law Model• Implemented Information Literacy Program drives patent research curriculum – Portfolio of curricular and extra curricular offerings • Some IP problems used in 1L LRIL class • Mining Patent class – a 20 year patent searching 2 credit class • LPIL patent searching 1 credit mini courses • ITTI Patent Landscape Analysis Clinic (Basic & Advanced) • Patent Searching Certificate • Guest lectures in patent law and practice classes • Patent law professors require patent searches
  8. 8. Patent Information Literacy K-12 and University Wide?• Non-law University Librarians Teaching Patent Searching Courses – Connie Wu, Rutgers (PTRC) – Jan Confort, Clemson (PTRC)• Promote synergies between law school and other university librarians to teach patent information literacy.• Don MacMillan, Patently Obvious: The Place For Patents In Information Literacy in the Sciences. 20 Research Strategies 149 (2005)
  9. 9. Why there must be a paradigm shift?
  10. 10. Information Literacy meets the McCrate Report Law schools doing a lousy job preparing practice ready lawyers
  11. 11. Inadequate Research skills is one major skill consistently reported by law firms to the ABA in several surveys and reports
  12. 12. Starting the paradigm shift• The 3 C’s – Consciousness – Communication – Capacity
  13. 13. Factors affecting paradigm shift?• PATENT PROFESSORS AT MOST LAW SCHOOLS HAVE NO INTEREST IN PATENT RESEARCH – Much of academy scholarship is theory – not practice based – No experience or old experience : “farm it out” – Don’t teach business aspects of patents curriculum – Increase empirical legal periodical using patent research on the rise = promise.
  14. 14. Patent Lawyer Professor Diversity
  15. 15. Then when is the tipping point?• Many law school librarians face serious and continuous budget cuts that require balancing of priorities – Being law librarians • Staff cuts result in Librarians doing paraprofessional activities – Being teachers • some Library faculty low caste = consequences • If a patent research course or a substantive law course has to be cut… • Law faculty like senior partners in some schools – Being team players • Showing worth in growing service to institutions
  16. 16. Patent Research Information Literacy Requires Re$ources• Patent law firms REVOLT & demand a shift in consciousness• Prioitization – Time allocation – Hiring or training patent information literate librarians – Patent law professors NEED to advocate for patent research training “through and “through” – Fees for high end platforms? • UNH Law provided fee unlimited access by major vendors
  17. 17. Paradigm Shift : next step• COMMUNICATION – Patent law firm librarians and partners need to communicate to law schools on a GRANULAR level what problem solving skills they desire of new associates – This relationship needs to be institutionalized and systematized • associated opportunity costs – Consider embedding law school librarians in patent firms to gain the tasks, tools, strategies and insights
  18. 18. 200+ Law Schools…• Diversity of capacity and priorities• Most law schools now teach patent law – only a few have a deep patent practice curriculum• Develop a mirror twin to the AALL PLI-SIS IP with academic librarians• Dialog and meet regularly at professional meetings• Use human and social networking• Never stop, never stop fighting till the fight is done.
  19. 19. Paradigm shift : jump start patent research small investment• Top down law school “corporate culture” requiring patent research skills events• Designate GTP for patent research• Invite patent information vendors…they will come
  20. 20. Vendors who love to train…
  21. 21. Promote Student to Student Promotion• Mary Gilligan – I think we should incorporate the role of Summer Associates into this fine dance we are crafting. I know at Pennie (and during the times of stiff competition to get the most qualified associates), we offered abbreviated versions of our training programs. I feel the students can be good ambassadors to bridging the gap between school and firm, while keeping a foot in both pools.• Peer to peer education is a reality – These skills show a competitive advantage – All law students want to show demonstrable value – Law firm librarians and attorneys need to support the value of mastering patent & NPL search and applications
  22. 22. • The importance of the many applications of patent data and NPL will only increase as the business aspects of IP grow• Those law schools who fail to grow this area of their curriculum do so at their peril.
  23. 23. Student Teach Teachers• UNH Law engineer TA/grad Matthew Preiss – Top 50% of research skills instruction is responsibility of law schools – Other 50% is professional training – the responsibility of law firms• AALL Law Library Journal literature has general surverys – Shall we do patent research skills survey?
  24. 24. UNH Law has a long history of commitment to preparing the highest quality practice-ready patent lawyers with solid research skills.Dean, University of New Hampshire School of Law Former Chief Justice, NH Supreme Court