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Patent Basics for In-House and Non-IP Lawyers

Level: Intermediate
Runtime: 89 minutes
Recorded Date: May 13, 2020
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  • Intro—Why should you care?
  • Intellectual Property, Generally 
  • History & Evolution of Patents 
  • Patentability 
  • Patent Eligible Subject Matter 
  • Securing Patent Protection 
  • FTO & Infringement 
  • Patents vs. Trade Secret
  • Monetizing IP 
  • Tips & Resources for the Non-Patent Attorney 
Runtime: 1 hour, 29 minutes
Recorded: May 13, 2020


While the primary audience for Patents 101 is attorneys without significant experience with patent law, we hope this presentation can be enjoyed (inasmuch as anyone can “enjoy” patent law) by IP attorneys curious about patents or looking for a refresher, new perspective, or CLE hours relevant to their practice area.

After trying to convince viewers that all attorneys should care about patents, the presentation will describe intellectual property conceptually and provide some history on the popularization of patents and their constitutional basis in the U.S. Then it will delve into patentability, patent-eligible subject matter, and the complicated process of securing patent protection. The presentation will discuss important concepts such as freedom to operate and patent infringement, how patents compare with trade secrets, and (of most interest to clients) monetizing patents. The presentation will conclude with tips and resources for non-IP attorneys—with enough examples along the way to hopefully make patents interesting.

This program was recorded on May 13th, 2020.

Provided By

New Media Rights
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Kyle Welch

Licensing Manager, Technology Transfer Office
San Diego University

Kyle Welch is a licensed California attorney and Licensing Manager in the San Diego State University Technology Transfer Office. The TTO commercializes intellectual property resulting from research on campus.

Kyle has also been a Guest Lecturer on Patents and Licensing for the New Media Rights Internet & Media Law Clinic. Previously, Kyle was the Lead Editor for the University of Columbia’s Global Freedom of Expression project, a Clinical Intern for Navy General Counsel, SPAWAR Systems Pacific (now NIWC), and a Judicial Extern in the U.S. Southern District of California. He has also authored or co-authored multiple law review articles, several online case reviews, a book chapter, and a guide for campus creators and entrepreneurs at SDSU.

Kyle graduated from California Western School of Law in 2014 and received his Mechanical Engineering degree from Ohio State University in 2011.

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