WCL Glushko-Samuelson IP Clinic

On Sept. 6, the Program on Information Justice and Intellectual Property (PIJIP)  and the Intellectual Property Law Society organized an intellectual property networking reception at the Microsoft Innovation and Policy Center. The event welcomed AUWCL students interested in intellectual property, alumni working in the field, and the law school’s faculty and was hosted by Senior Director of Intellectual Property Policy at Microsoft Susan Mann (WCL ’86.)  Thanks to the many IP Clinic alums who came and mingled with our current students.  The connections are already paying dividends as these students begin to plan their careers in the field.

The Glushko-Samuelson Washington College of Law IP Clinic is proud to have been a key player in establishing the USPTO Law School Clinic Certification Program years ago.

The USPTO just released a statement detailing how the Law School Clinic Certification Program has grown.  “Over 20 law schools have joined and five currently participating law schools have added a second clinic program, during the 2016-2018 expansion. Eight law schools have joined both the patent and trademark portions of the program, five law schools have joined the patent portion of the program, and 12 law schools have joined the trademark portion of the program. The new law schools join the 43 law schools that were participating in the program, bringing the total number of participating law schools to 63,” according to the USPTO.

The USPTO chose these schools “based on their solid intellectual property curricula, pro bono services to the public, as well as community networking and outreach. The program enables law students to process patent and trademark applications before the USPTO under the guidance of an approved faculty clinic supervisor.”

American University, Washington College of Law continues to be an active participant in the trademark and patent law student program.  The IP clinic this past academic year filed trademark registrations and filed provisional patents and non-provisional patent applications for its clients.

Read more about the creation of the IP clinic and the goals of clinical legal education:

CLINICAL LEGAL EDUCATION AND THE PUBLIC INTEREST IN INTELLECTUAL PROPERTY LAW by founding faculty members PETER JASZI, VICTORIA PHILLIPS, JOSHUA SARNOFF, CHRISTINE HAIGHT FARLEY & ANN SHALLECK

For the full transcript of the USPTO release: https://www.uspto.gov/about-us/news-updates/uspto-adds-additional-schools-law-school-clinic-certification-program

Congratulations to IP Clinic alum Judge Zuberi Williams ’03 who has been awarded the National Bar Association’s  “40 Under 40 Nation’s Best Advocates” award.

Also receiving the award this year is Community Economic and Development clinic alum Alex Johnson ‘05.

The NBA award recognizes the nation’s top 40 lawyers under the age 40 who exemplify a broad range of high achievement in the legal field, including in advocacy, innovation, vision, leadership and overall legal and community involvement.

The recipients will be honored at the National Bar Association’s renowned 40 Under 40 Awards Gala on Wednesday, August 1, 2018, during the NBA’s 93rd Annual Convention & Exhibits in New Orleans, LA.

The Washington College of Law Glushko-Samuelson clinic has a long-standing tradition of working with the USPTO and in fact worked with the USPTO to start the student-attorney Law School Clinic Certification program.

Today, years later, the program has grown and on April 13^th, the United States Patent and Trademark Office hosted many law school IP clinics from across the country that participate in its Law School Clinic Certification Program for a day of presentations, round table discussions, and networking.

Throughout the day, IP clinic student attendees from the WCL Glushko-Samuelson clinic and other clinics heard presentations from several USPTO representatives, including remarks from Andrei Iancu, the Under Secretary of Commerce for Intellectual Property and Director of the USPTO. IP clinic students also took part in round table discussions on current topics at the patent trial and appeal board, careers at the USPTO, and were able to ask patent and trademark examiners what it’s actually like to work at the USPTO. The day concluded with a simulated Trademark Trial and Appeal Board hearing, followed by a networking event for clinic students and faculty.

Our clinic students and faculty that attended had a wonderful time and are excited about all of the opportunities available at the USPTO. The IP Clinic looks forward to future visits to the USPTO and continuing to be part of this great program that allows our students to gain hands on experience within the intellectual property field.

WCL Glushko-Samuelson IP Clinic Students presented the second annual IP tips and tricks program for startups on April 18, 2018 at the Innovation Incubator: Center for Business and Innovation at American University’s Kogod School of Business.

Young entrepreneurs either at the initial stages of their startup ventures or in the process of building their businesses received key IP “tips and tricks” for technology startups. IP Clinic students Vanessa Michaud, Summer Benson, Melanie Singer, Alissa Logan, Pritika Ramesh, Kayla Matikonis, and Leah Pardais discussed essential trademark, copyright, patent, trade dress, privacy, and other issues important to technology startup businesses. Startup entrepreneurs engaged in a general Q&A and then received individualized assistance that was appreciated by the ventures.

The tips and tricks workshop is run from start to finish completely by the IP clinic students who prepared presentations and leave-behinds and provided hands-on intake assistance to the award-winning young startup entrepreneurs participating in the Innovation Incubator. The students’ success at the workshop is a culmination of the experiential learning IP clinic students received through student-led client work on a variety of key IP and technology issues throughout the academic year.

Section 1201 of the DMCA, the anti-circumvention provision, prohibits any fair use of copyrighted material if it requires going around a blocking measure. However, there is an exemption proceeding every three years where interested parties can fight for an exception to this rule. Currently, the Copyright Office is in the Seventh Triennial Rulemaking for Exemptions to anti-circumvention.

Glushko-Samuelson IP Clinic Students Melanie Singer and Alissa Logan filed comments and reply comments in the Seventh Triennial Review on behalf of Professor DeCherney and other educators (“Joint Educators”).  Their comments requested an expanded exemption to Section 1201 of the DMCA to enhance the quality, accessibility, and affordability of online education for all students – from traditional students seeking degrees to lifelong learners or professionals continuing their education.

Currently, all online courses are not treated the same. The exemption requested by Singer and Logan on behalf of Joint Educators asks for equality for all online courses to encourage innovation in education and availability of a variety of online educational opportunities.  They urge the Librarian of Congress to recognize that all online courses should use classroom materials the same way that offline courses currently do.

Specifically, in the recent reply comments, Logan and Singer set forth how the status quo of inequality harms professors, students, and educational institutions. The reply comments explain how the expanded exemption is needed to stop these harms and instead promote 21^st educational opportunities for the 21^st century workplace and community.

The next step in Rulemaking Proceeding will be a roundtable discussion at the Copyright Office on April 11, 2018.  Logan and Singer are working with Professor DeCherney who will testify on behalf of Joint Educators and continue to advocate for a better educational future for all types of learners.