New York Law School

IP Courses Q&A

 Welcome! This wiki tries to answer your questions about the NYLS IP curriculum. The responses on this board have been collected from actual IP-curriculum information sessions offered every Spring at NYLS. This is why the answers are so informal.

If your question is not addressed, or you would like to expand on an answer...LOG IN! The key is: ipwiki.

Click here for more information about IP courses.

What is the IILP?

 

• Institute for Information Law and Policy (IILP) is people (faculty, student fellows, lots of students working on projects, and friends), a place (currently room 706 in 40 Worth), an organization that organizes projects, and a mindset (make the world better with information and technology). Institute faculty teach many of the IP courses at NYLS and work with the NYLS administration to plan the IP curriculum. 

Law school career advice for everyone

 

• Advice for 1L's: Start mapping out your courses for the next two years or three years in the case of evening students. This will give perspective on how balanced your curriculum will turn out and will make it less likely that you will miss out on courses that aren’t offered every semester.
• Take at least 1 small class where you will get to know a professor well, a professor can make a good mentor to talk about your career, look over your work and perhaps write a recommendation for you
• Make sure to take at least 1 paper-writing course so you will learn to make an argument in writing and will have a writing sample for prospective employers
• Having trouble understanding what a course is about?
  • Some professors have syllabi available on their faculty pages; if not available email the professors; also check blackboard and TWEN systems 
• Don’t let the classes get in the way of your education, once you know what you want to do find a faculty member to work with deeper in that subject. Do things that you think will be fun, you can get the bar subjects from your bar review course.
• A student needs to take some courses to prepare for the bar but they should also take classes that allow their creative side and interests to flourish, classes you didn’t know you would like might open you up to areas that you end up being very interested in.  You will enjoy practice the more you integrate your knowledge base into your interests.
• What topics and experiences do you want to be able to talk about once you’ve graduated?  Take courses in those.  If that fails, you should be able to explore an area of law and change course and goals if you find something that interests you more.
• Take Intellectual Property early, getting that out of the way will open up other things and tells you a lot of what the areas of ip law are and where your interests may fit into them.  ALSO, not everything should be focused precisely in what you want to do.  You should expose yourself to different areas of the law and take professors and subjects you’re not familiar with, admin law, land use law, family law.
• Your education is incredibly expensive and you can take only a handful of classes, you should go to events, lectures, panels and etc to learn about topics you might be interested in and to network.  Join one or two bar associations and go to meetings and events to meet practicing attorneys (Prof. Noveck)

About the NYLS Registration Process

 

• When do I register?
  • You can view your registration date by logging into EZInfo and click on Registration. (posted by IP Society)
• Where and how do I register?
  • Students register at the ezinfo site: www.nyls.edu/ezinfo (posted by IP Society)
• Contact Ken Norz with questions about registration. Or work through the IP Society List to create a waiting list. If there is enough interest, we can add a second section. (BSN)

I really want to take a course in a particular area of IP, but its not offered at NYLS!

 

• There is a possibility of creating any course with sufficient student interest. We want to make sure we're offering the courses you most want and need. High enrollments in the classes we do offer in an area is a sign that more are needed.

I am interested in a particular field.  How can I get involved in that field during school?

 

• Intellectual Property Law, generally
  • Join the NYLS-IP listserve: http://groups.google.com/group/nyls-ip
  • Capstone Project (a.k.a. Tech Law Lab)
    • In the Capstone, students spend a year working in teams on real-world projects that utilize technology to change the world for the better.
    • Capstone is a two-semester course, 1-credit per semester.  It is a project-based class where you develop and design technology projects; students work in team with outside clients;
    • Any student may join the capstone class (note: Harlan Scholars must complete a capstone).
    • Visit: http://www.nyls.edu/pages/6077.asp
• Patent Law
  • Patent Bar Exam Study Group There is patent exam study group that is zero credit; Professor Noveck is the faculty mentor; can not take the exam without having a science degree.  Visit: patentprogram.nexo.com
• E-Discovery
  • A: For those interested in electronic discovery, please refer to the Certificate of Mastery in Digital Law Practice Technology. (BSN)
• Technology Law
  • This field is about how technology affects all areas of law, and is not specific to Intellectual Property. How is law changing in response to new technologies, and what are the laws that apply to them?
  • Think about doing a capstone project
• Digital Law Practice
  • This field is about hands-on work. How can I use new technologies in all areas of law to serve clients and persuade others more effectively? (Mohammed)
  • Think about doing a capstone project.
• Entertainment Law
  • Consider the Entertainment Law Workshop
• Telecommunications, the FCC and Media Law
  • Take Federal Regulation of Electronic Media
  • Join the Media Law and Policy Journal

Can I skip prerequisites?

 

• It is always possible to petition for an exception. (BSN)
• It is generally a bad idea, which is why they are listed as pre-requisites. IP provides a foundation in how patents and the American patent system work, without which, Patent Law will start off baffling and only get worse. Similarly for Patent Law and Patent Claim Drafting; unless you have seen and thought hard already about the doctrine of equivalents, claim construction, ex parte examination procedure, novelty in light of prior art, and similar topics, claim drafting could be an exercise in frustration that turns you off of patent law. But your mileage may vary, and NYLS students come from such a wide variety of backgrounds and go on to do such a wide variety of things that this advice isn't completely universal. If you think there might be a good reason specific to you to take a prerequisite simultaneously, or skip it all together, come and talk to one of us about your situation. (Prof. Grimmelmann)
• About skipping Intro to IP
  • To do any kind of IP, you need to understand ALL areas of IP. This is why the Intro class is a prerequisite. While you will also want to take Patent Ligitation, you might also be interested in general litigation classes, e.g. Drafting Litgation, Visual Persuasion or the litigation-related clinics. You can also participate in moot court or the patent moot course. (BSN)

How many IP classes should I take? Should I skip "bar" courses to take more IP courses?

 

• Everyone's situation is different, and no one answer applies to everyone. Many bar exam subjects (especially on the NY bar) are important foundational subjects for law practice in general (e.g. corporations, evidence, remedies). Different students will feel comfortable studying different numbers of subjects for the first time during their review for the bar exam. In general, neither extreme (all bar exam courses or all electives) is the best idea and some kind of a balance is usually best. (Prof. Grimmelmann:)
• I agree with this advice and would add that if you are not doing well in Law School, you need and want to place more emphasis on bar courses. But if you're doing well in school and you dedicate yourself to studying for the bar at the appropriate time, you will pass the bar exam. Hence you do not need to take subjects solely because they are on the bar, especially if they are not of interest to you. Also - don't frontload the bar courses in the fall of second year. Leave yourself time to take subjects that will teach you what you want to do and open your eyes to new subjects (BSN).

How do I get involved with the Tech Law certificate program?

• Send Proffessor Johnson an email and you can begin discussing your interests, current and arising certificate projects.

Are there any IP-specific courses for fulfilling writing requirements?

• IP Licensing & Drafting courses do not regularly fulfill the writing requirement but we have had students in the past fulfill the writing requirement by taking those courses with an additional writing assignment.  If you are interested in this option you should speak both with Professor Beth Noveck and with the particular professor for the IP Licensing course you would like to take. 
• Information Law can be transformed to fulfill the writing requirement.  It will involve the production of a paper, presentation or film and you need to speak with Professor Richard Sherwin about that.
• Independent studies.  Most if not all of the professors at the IILP would be interested in helping you with an independent study on a topic related to information, intellectual property or technology law.  These independent studies usually involve the production of a publication-worthy piece of writing on a topic of your choosing which might be particularly useful as a writing sample.  If this sounds interesting to you, even if you are not completely sure of a topic, come speak with one or several of the professors at the Institute.

Writing and publishing opportunities?

• There is no particular journal but you can work with professors to cultivate a writing opportunity for possible publishing.  See the discussion of independent studies above under “writing requirements”

What about patent law? How much do I need to know?

• If you have an interest in IP, the ability to identify when the protections of patent apply or should be sought (as opposed to the protections of copyright or trademark or trade secret) is important even if you are not knowledgeable in the details of practice in each area.

Do I need a scientific/engineering background for patent practice?

• If you have a science background you should definitely consider signing up for the patent program as well as preparing for and taking the patent bar, it will increase your job opportunities and make you a more sought after attorney.   
• Some engineering knowledge will be necessary to pass the patent bar.  Because of the diversity of patent practice, people with specific specialties can be scientific advisor in that area and go deep into that subject
• You do not need to have passed the patent bar to be a patent litigator.
  • patent prosecution requires having passed the patent bar
  • patent litigation does not require a science background

When should I take/study for the patent bar? How hard is it?

• Some people find it easier to study for the patent bar over summer breaks or when their workload is lighter.  That said, some people do study for, take and pass the patent bar while classes are in session.  It all depends on your work load, it will take about 50 hours total to study for the patent bar.
• Difficulty: The patent bar is more difficult than the average class exam but much less difficult than the bar exam.  The format is also very different; to understand this you should look at old exams as a part of your study regimen.  NYLS also offers a zero credit patent bar study group which students register for and then get together to study for the patent bar.

Why do I need to learn about international intellectual property regimes?

• Intellectual property practice today is very international in scope, you may be advising a client on how to protect their portfolio and engage in business both domestically and internationally.

What are the differences between Entertainment Law, the Entertainment Law Workshop and the Entertainment Law Seminar?

• Entertainment Law is a class with a combination of legal areas that relate to counseling clients in IP industries, there is a casebook and an exam.  To find out more see the Courses Page.
• The Entertainment Law Workshop is an externship placement program in entertainment law.
  • If you have not taken Entertainment Law, you may be able to take the Entertainment law Externship, it depends on how many people apply and it is at the discretion of the professor.
• The Entertainment Law Seminar is a discussion which is sometimes offered concurrently with the externship workshop.  When both the Entertainment Law Workshop are offered you can take both for 4 credits or just the placement for 2 credits. 

Is the IILP associated with the Media Center? What's the difference?

• No they are two distinct institutes, the Media center focuses on telecommunications and traditional broadcast and telecommunications technologies, the institute handles technology law and intellectual proeperty issues

Employers look at transcripts, to what degree do IP firms expect your transcript to be filled with ip classes?

• You can still take regular classes like corporations, administrative or family law.  IP employers will expect to see the basic classes in IP and at least two courses in the field, beyond that you also need some degree of general legal knowledge and a well rounded set of skills.

Does participation in the tech law lab count towards the certificate program?

• It can depending on the project taken up

Click here for more information about IP courses.

(Updated 4/09/2007)