Institutionalizing the USPTO Law School Clinic Certification Program for Transactional Law Clinics

Abstract

With 188 transactional law clinics nationwide and the United States Patent and Trademark Office (“USPTO”) Law School Clinic Certification Program (“Program”) recently established as a statutory program of the USPTO, this Article argues that every transactional clinic that works on trademark and patent applications should apply to become part of the Program. In satisfying the participation requirements of the Program, transactional law clinics will usher in a new, uniform way to educate aspiring intellectual property attorneys. As a result, the law students will not only be “practice ready,” but also more effective attorneys once they are in practice. Participating in the Program benefits the clinic, law student, and client. The Article examines those benefits and the different models of organization that clinics should consider under the Program and discusses the benefits of participating in the program. Then, it reviews the advantages and drawbacks of each model. Additionally, the Article explores alternative ways in which transactional law clinics can undertake trademark and patent projects if the clinic is not involved in the Program.