Re: An IP gripe

On 8/18/99, Bob Stock <bstock[_at_]mindspring.com> wrote:
>
> I don't know what happens to all the students after they graduate, but
> at UCLA Law School, when I went there, it was fair easier to take a
> copyright course than to take a patent course.
>
> My question is if what Mark says is true, why don't more law schools
> offer patent courses?

How much does the average faculty member know about patent law? More importantly, about such things as patent prosecution?

I think that there are a couple of more problems here (Mark is obviously much better positioned here, given his experience with the IP program at UT). First, there is a timing problem. Patent law is rapidly growing in importance - you just have to look at the growth rate of patents issued. But faculties cannot change that quickly. You frankly cannot take an old torts teacher and reassign him to do a good job at say patent prosecution. This is a problem overall in law schools, with the number of tenured profs holding down law schools' abilities to adapt quickly. This is worse in patent law because it typically requires (at other than at the basic levels) technical training and experience in the field.

Secondly, adjunct faculty seem to be frowned upon at many schools. This is of course not the case at the traditional IP (read patent) law schools with night programs. But adjunct profs are precisely what you need if you are going to teach much of patent law.

Also, I think that there is a bias at many law schools against becoming "trade schools". Many faculty seem to take pride in the fact that they really have never practiced law. While someone with this type of attitude may be able to teach an intro patent class, there is really only so much you can teach in the patent field without having practiced there.

Obviously, the above are the views of a nonacademic. Given the makeup of this list, I appologize if I have stepped on any toes here.

-- 
--------------------------------------------------------------------
The preceding was not a legal opinion, and is not my employer's.
Original portions Copyright 1999 Bruce E. Hayden,all rights reserved
My work may be copied in whole or part, with proper attribution,
as long as the copying is not for commercial gain.
--------------------------------------------------------------------
Bruce E. Hayden                      bhayden[_at_]acm.org
Phoenix, Arizona                     bhayden[_at_]ieee.org
                                     bhayden[_at_]copatlaw.com