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Intellectual Property Law Track


See also Intellectual Property Law Sequence below.

The Intellectual Property Law Track is designed for students who intend to practice in the fields of patent, copyright, and trademark law. Approximately one-third of the 84 credit hours required for graduation must be in intellectual property law courses. The remaining two-thirds of the credit hours are in courses outside intellectual property law, ensuring students substantial breadth in their professional training.

Note: See related information about the Intellectual Property Program

The course requirements for the Intellectual Property Law Track are as follows:

  • 45 credit hours in required General Law Program courses (including Professional Responsibility)
  • 19 credit hours in required intellectual property law courses
  • 10 credit hours in other required courses (i.e., Antitrust, Business Associations, and Evidence and Trial Procedure)
  • 5 credit hours in elective intellectual property law courses
  • 5 credit hours in elective courses

Selected Course Descriptions

Patent Law I provides an introduction to the basic principles of the law of patents in the United States. Covers the history, origin and function of the patent system; the nature of patents as property and as legal instruments; comparisons with other forms of intellectual property; subject matter eligible for patenting; the conditions for patentability of an invention; and the disclosure requirements for a patent application.

Patent Law II is a continuation of Patent Law I. This course focuses on the meaning and function of patent claims as property definitions; patent prosecution, including conduct giving rise to the unenforceability of a patent; post-grant procedures; infringement of a patent, including claim interpretation and acts giving rise to infringement; equitable defenses to a charge of infringement; remedies; patent enforcement; and patent misuse. Prerequisite: Patent Law I.

Patent and Know-How Licensing covers the business and legal criteria necessary to implement and maintain successful patent licensing programs. Subject areas covered are business objectives in licensing; rights and duties of license parties; determining and negotiating the terms and clauses of the contract; administering and enforcing the license; antitrust and misuse constraints on the business and law of licensing; and special problems in trade secrets, know-how, and show-how contracts. Prerequisite: Patent Law I.

Patent Infringement Law builds upon the basic course in patent law by studying in depth the fundamental principles of patent infringement; rules of claim construction; acts amounting to direct infringement (literal and under the doctrine of equivalents), inducing infringement, and contributory infringement; and prosecution history estoppels.

Patent Litigation and Dispute Resolution builds upon the basic required course in Civil Procedure by teaching the procedure, tactics, and options common to most patent litigation. The role of preliminary injunctions is covered in detail. The course focuses primarily on strategy considerations.

Patent Writing Theory and Practice applies principles learned in earlier patent law courses to the writing of applications for patents to accord them their maximum legal effect. The readability of patents by lay judges and jurors is also stressed.

Copyright Law covers the basics of copyright law, including determinations of what is copyrightable, formalities for obtaining protection, and copyright registration practices and procedures. The substantive and procedural elements of infringement actions are examined, including defenses. Technological developments affecting copyright are also addressed, including issues related to computer software and the Internet.

Trademark Law covers procedural and substantive law in obtaining trademark registrations in the U.S. Patent and Trademark Office and enforcement and licensing of federal and state registrations after they are obtained.

Trade Secrets Law considers the law and theory applicable to protection of confidential business information ranging from computer programs and manufacturing processes to customer lists. Covers reverse engineering of products; invention/idea submissions from employees and outsiders; employment agreements; consultant agreements; considerations regarding drafting of agreements; remedies; defenses; misappropriation; trade secret-defeating publications versus patent-defeating publications; implied and express duties of confidentiality; trial tactics; use of trade secret clauses to effect non-complete agreements; the inevitable disclosure doctrine; Federal Economic Espionage Act of 1996; and various public policy considerations associated with the foregoing. The procedures and requirements for preserving trade secret protection for confidential business information are reviewed. The economics of trade secret law is considered relative to other types of protection such as patents and copyrights.

Schedules for the Intellectual Property Law Track

Note: The following schedules are illustrative of the general order in which students should take the Intellectual Property Law Track courses. Some courses might not be offered during the semesters indicated in these schedules, so be sure to check with the Records Office for a current schedule of courses.

Day Division
Evening Division 
First Year - Fall 
First Year - Fall 
Legal Research, Writing, and Analysis I
2
Legal Research, Writing, and Analysis I
2
Torts I
3
Torts I
3
Contracts I
3
Contracts I
3
Property
4
Economic Foundations of Legal Studies
3
Economic Foundations of Legal Studies
3
 
Total 
15
Total 
11
First Year - Spring 
First Year - Spring 
Legal Research, Writing, and Analysis II
2
Legal Research, Writing, and Analysis II
2
Torts II
3
Torts II
3
Contracts II
3
Contracts II
3
Civil Procedure
4
Civil Procedure
4
Criminal Law
3
Total 
15
Total 
12
 
Second Year - Fall 
Second Year - Fall
Appellate Writing (LRWA III)
2
Appellate Writing (LRWA III)
2
Constitutional Law 
4
Constitutional Law
4
Trademark Law 
3
Property
4
Patent Law I
2
Patent Law I
2
Total
11
Total
12
Second Year - Spring 
 
Second Year - Spring 
Legal Drafting (LRWA IV) 
2
Legal Drafting (LRWA IV) 
2
Administrative Law 
3
Administrative Law
3
Patent Law II 
2
Criminal Law
3
Legal and Economic Theory of Intellectual Property Seminar
2
Patent Law II
2
Copyright Law 
3
Constitutional Law II*
2
Constitutional Law II*
2
Total 
12
Total 
14
 
Third Year - Fall
Third Year - Fall 
Evidence and Trial Procedure
3
Business Associations 
4
Business Associations
4
Evidence and Trial Procedure 
3
Patent and Know-how Licensing Seminar
2
Trademark Law
3
Professional Responsibility
2
 
Total
11
Total 
10
Third Year - Spring
Third Year - Spring 
Antitrust
3
Copyright Law 
3
Trade Secrets Law
1
 
2
Patent Litigation and Dispute Resolution 
2
Legal and Economic Theory of Intellectual Property Seminar
2
International Protection of Intellectual Property 
2
  Trade Secrets Law
1
 
Antitrust
3
Total
8
Total 
11
Fourth Year - Fall 
Professional Responsibility
2
 
Patent and Know-how Licensing Seminar
2
Total
4
 
Fourth Year - Spring
Patent Litigation and Dispute Resolution 
2
International  Protection of Intellectual Property 
2
Total
4
 
Total Hours**
72
Total Hours**
72

* Note: Constitutional Law II is a requirement for students who entered law school in Fall 2003. This means that it is first required in Spring 2005.

** In addition to 72 hours of required courses, 12 hours of elective courses must be taken, at least 5 of which must come from the following intellectual property law courses: Patent Infringement Law (1), Patent Infringement Remedies (1), Patent Interference Law and Practice (1), Patent Writing Theory and Practice (2), Patent Prosecution (2), Chemical and Biotechnology Patent Law (2), Internet and Online Law (2), Unfair Trade Practices (3), Giles Rich Moot Court (2), Federal Circuit Practice Seminar (2), Federal Circuit Bar Journal (1-6), and Protecting IP in the Internet World (2).


Intellectual Property Law Sequence

George Mason law students may choose, in the alternative, to pursue the Intellectual Property Law Sequence. This sequence is designed for students who want to gain a solid foundation in intellectual property law but desire more flexibility in their course of study.

The course requirements for the Intellectual Property Law Sequence are as follows:

Course 
     
Copyright Law
3
 
Legal and Economic Theory of Intellectual Property Seminar
2
 
Patent Infringement Law
1
 
Patent Infringement Remedies
1
 
Patent Law I
2
 
Patent Law II
2
 
Trademark Law
3
 
Trade Secrets
1
 
 
 
Total Hours
15
 

 

 


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last updated:
Jun 15, 2005

                                                               


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