INNOVATION AND TRADITION...Cynthia L. Dahl and Victoria F. Phillips, Innovation and Tradition: A...

Post on 18-Sep-2020

0 views 0 download

Transcript of INNOVATION AND TRADITION...Cynthia L. Dahl and Victoria F. Phillips, Innovation and Tradition: A...

What Subject Matter Do We Handle?

Cynthia Laury DahlUniversity of Pennsylvania Law School

70

60

50

40

30

20

10

0Small

start-upsIndividual

creators, including inventors, artists,

authors andscholars

Small non-profits

Larger for profit

enterprises

Medium or large

non-profits

Universitytechnology

transfer office

Other

61 61

51

1817 17

13

70

60

50

40

30

20

10

0At least one of:

Patent; Copyright(not DMCA);

TM; TS

Privacy or dataprotection

Related torts (e.g. defamation, rights of publicity, rights of privacy)

Legislative or regulatory issues

(e.g. DMCA, FCC, FTC)

Other

64

37

2826 26

IP/Tech clinic clients include mostly individual creatives and start-ups, but also include large and small non-profits, some for profit entities, and university technology transfer offices.

Perhaps surprisingly, IP/Tech clinics don’t all handle traditional IP issues, and most include at least some other topics outside traditional IP.

The IP/Tech clinic collaboration with the USPTO allowing student practice provides pro bono IP assistance throughout the country.

60

50

40

30

20

10

0Prosecution/rights acquisition (e.g.

USPTO filings; TTAB and PTAB work; prior

art searches)

Non-prosecution transactional/client

counseling (e.g. negotiation; IP audits;

drafting licenses, policies, or contracts; fair use analysis; freedom to operate searches)

Policy work (e.g. white papers; educational

outreach (best practices guides, street law efforts); lobbying;

amicus briefs, DMCA anti-circumvention;

FolA requests)

Litigation (state and federal courts,

no TTAB or PTAB)

Other

60

52

31

2124

IP/Tech clinics engage in a diverse range of client work that constantly evolves due to changing community needs.

IP/Tech clinics choose clients to further a variety of missions, many related to promoting social justice and the public interest.

35

30

25

20

15

10

5

0Have a greater social mission

Are under a set income cap

Represent a larger class

Present a unique question of law

Bring a larger policyissue to the forefront

14

17

22

13

2

1110

19

16

12

33

16 16

2

27

11

22

7

1

29

19

108

21

Not at all important

Slightly important

Moderately important

Very important

Mandatory

70

60

50

40

30

20

10

01999

The IP/Tech clinic community has seen extraordinary growth over the past two decades.

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

Y E A R

NU

MB

ER

OF

CL

INIC

S

D O W N L O A D T H E A R T I C L E

INNOVATION AND TRADITION:A Survey of Intellectual Property and Technology Legal Clinics

Victoria F. PhillipsAmerican University Washington College of Law

Who Are Our Clients?

How Has the IP/Tech Community Grown Over Time?

What is Important to Our Client Selection?

What Kind of Work Do We Do?

Which Law School Clinics Belong to the USPTO Student Practice Program?

# of Clinics Opened

Cumulative # of Clinics

Cynthia L. Dahl and Victoria F. Phillips, Innovation and Tradition: A Survey of Intellectual Property and Technology Legal Clinics, 25 Clinical L. Rev. 95 (Fall 2018).