Post on 18-Sep-2020
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.
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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.
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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).