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    Diploma in US Intellectual Property Law and Paralegal Studies

    BY
    LawSikho

    Learn US IP Law required skills and knowledge with a Diploma in US Intellectual Property Law and Paralegal Studies certification by LawSikho

    Enquire
    Mode

    Online

    Duration

    6 Months

    Fees

    ₹ 63000

    Inclusive of GST

    Quick Facts

    particular details
    Medium of instructions English
    Mode of learning Self study, Virtual Classroom
    Mode of Delivery Video and Text Based
    Frequency of Classes Weekdays, Weekends
    Learning efforts 6-8 Hours Per Week

    Course overview

    The Diploma in US Intellectual Property Law and Paralegal Studies certification course duration is 6 months. The course focuses on offering skills and knowledge of intellectual property law to the students to excel in the field. The course offers a comprehensive curriculum that includes the American legal system and an introduction to IP law in the US. 

    The course is designed for seasoned lawyers, a budding law student, aspiring legal professionals, Ambitious Attorneys, and Trademark, Copyright, and Patent Enthusiasts. The Diploma in US Intellectual Property Law and Paralegal Studies certification by LawSikho can be enrolled by students who have completed their Higher Secondary or Class XII from a recognised Board or University. 

    Also Read: Online Ip And Technology Law Courses & Certifications

    The highlights

    • 6 Months Online Course  
    • 24/7 Online Access to Study Material
    • Access to LMS, Android & iOS App
    • 2 Practical Exercises Every Week
    • Offline Basecamps for Networking

    Program offerings

    • Live doubt clearing
    • Personalised resume feedback
    • Doubt clearing on discord & live classes
    • Instructor feedback on assignments
    • Writing training
    • Publishing articles training

    Course and certificate fees

    Fees information
    ₹ 63,000  (Inclusive of GST)

    The Diploma in US Intellectual Property Law and Paralegal Studies certification fee for the standard course type is Rs 63,000 and for Master Access the fee is Rs 2,00,000 including all applicable taxes and charges. 

    Diploma in US Intellectual Property Law and Paralegal Studies Certification Fee Structure

    Certification Course 

    Fees 

    Diploma in US Intellectual Property Law and Paralegal Studies (Standard)

    Rs 63,000 

    Diploma in US Intellectual Property Law and Paralegal Studies (Master Access)

    Rs 2,00,000 

    certificate availability

    Yes

    certificate providing authority

    National Skill Development Corporation +1 more

    Who it is for

    Human resource manager Recruiter

    The certification course is designed for recent HR graduates college students or professionals to develop their skills and knowledge. This course is also beneficial for:

    Eligibility criteria

    Certification Qualifying Details

    The students will receive a certificate from Cobranded by NSDC and Skill India upon the completion of the Diploma in US Intellectual Property Law and Paralegal Studies online course. To receive the certificate, the students are required to complete all the assignments. The hard copy of the certificate will be sent to the participants by courier.

    What you will learn

    The students will learn to navigate the landscape of US and UK trademark searches and gain skills to create domestic and international trademark applications. Upon completion of Diploma in US Intellectual Property Law and Paralegal Studies certification syllabus, the student will gain in-depth knowledge of addressing the objections raised by the USPTO under the Lanham Act.

    The certification course equips the students with the required advisory skills to effectively guide the clients. After completing the Diploma in US Intellectual Property Law and Paralegal Studies training, the students will also learn to draft notices of opposition with accuracy leading to successful opposition proceedings. They will gain hands-on experience with the support of the leading industry experts.

    The syllabus

    American Legal System & Introduction To Intellectual Property Law In The Us

    US Constitutional and Statutory Framework
    • US Constitutional and Statutory Framework
    • Federal Government Structure and division of powers 
    • How to procure a US Code
    • How to find US state codes
    • Executive organs of the state
    Key Regulatory Bodies in US
    • US Federal Trade Commission (FTC), 
    • Internal Revenue Service (IRS)
    • Securities and Exchange Commission (SEC)
    • Division of Corporations of relevant states
    • Federal Reserve 
    • Consumer Product Safety Commission (CPSC):  
    • Environmental Protection Agency (EPA)
    • Employment: Equal Employment Opportunity Commission (EEOC), National Labor Relations Board (NLRB), and Occupational Safety and Health Administration (OSHA): 
    • Federal Communications Commission (FCC)
    • Federal Deposit Insurance Corporation (FDIC) 
    • Food and Drug Administration (FDA)
    • Interstate Commerce Commission (ICC)
    Intellectual Property administrative bodies in the US and their Roles and Powers
    • US Patent and Trademark Office 
    • Trademark Trial and Appeal Board 
    • Patent Trial and Appeal Board 
    • US International Trade Commission
    • US Customs and Borders Protection 
    • The US Copyright office
    US Court system and hierarchy of courts at federal and state level
    • US Federal Court System
    • US State Court System
    • District Courts, Trial Courts and Courts of Appeals
    • The US Supreme Court
    • The Jury System
    • US Department of Justice
    • Attorney General
    Intellectual Property Protection in the US
    • What are the different types of intellectual property rights recognised by US laws
    • Trademarks
    • Copyrights
    • Patents
    • Others
    • Theories of IPR- Video
    • Types of IPR- Video
    Introduction to trademark law in the US
    • What constitutes a trademark in the US according to the Lanham Act, 1946
    • What are the various grounds of refusal of a trademark in the US
    • Which are the acts that infringe a trademark in the US
    • How are unregistered trademarks protected in the US
    Introduction to the US copyright law with specific reference to digital copyright law
    • Which are the various copyrightable works in the US?;
    • What constitutes copyright infringement in the US and what are the remedies thereof?; 
    • Takedown mechanism under the Digital Millennium Copyright Act 
    • Provisions regarding intermediary liability
    • Principles governing copyrightability- video
    Introduction to the US Patent law
    • What constitutes a patent in the US according to Code 35 of the United States Code
    • What is the criteria for patentability in the US
    • What cannot be patented in the US- Statutory restrictions
    • Different types of patents
    • An overview of the registration process
    • An overview of the America Invents Act (AIA)
    Trade secrets in the US
    • What is a trade secret? 
    • Trade secret legislations in the US: Economic Espionage Act of 1996 and Defend Trade Secrets Act of 2016 
    • How can an entity protect its trade secret? 
    • Does WIPO offer any means of trade secret protection?  
    • What are the prerequisites for a trade secret protection? 
    • What are the rights conferred by a trade secret protection? 
    • Monetization of trade secrets
    • Trade secrets protection vis-a-vis patent protection
    • Case studies where patent, copyright and trade secrets are used in combination, e.g. Google’s Page Rank
    International IP treaties relevant to the US
    • the Paris Convention 
    • The Berne Convention
    • The Madrid Protocol
    • The Patent Cooperation Treaty
    • How to register this creates

    Trademark Search, Filing And Prosecution In The Us

    How to conduct a classification search through the WIPO and USPTO portals
    • The Nice agreement and the purpose behind Nice classification
    • Countries which are a signatory to the Nice Agreement
    • Screenshot guide on conducting a classification search through the WIPO portal and the USPTO portal
    How to file a trademark application in the US?
    • Step by step trademark search on the WIPO global branCreate a search report for your client based on your findings.d database
    • Step by step trademark search on the USPTO portal
    • Who can file a trademark application in the US? 
    • What are the documents required for filing an application?
    • The procedure for filing a trademark in the US
    How to file a Madrid protocol application through Trademark Electronic Application System International (TEAS i)
    • How does the Madrid system for international registration of trademarks work?
    • Timeline for an application based on Madrid protocol
    • Step by step filing procedure through TEAS i 
    • What are the documents required for filing a Madrid application 
    • Requirements for international application originating from the United States
    • What are the benefits of using the Madrid system for filing an international application
    How to deal with USPTO office action
    • Steps leading up to the examination of a trademark application in the US
    • The process of examination of a trademark application
    • How to respond to the office action?
    • Publication and registration of a trademark
    Step by step trademark opposition in the US
    • What does the trademark opposition process comprise of?
    • What are the grounds of opposition?
    • Who can file an opposition?
    • How to draft a notice of opposition?
    • How to reply to a notice of opposition?
    • Remedies available at the Trademark Tribunal and Appellate Board (TTAB)
    • Further steps of prosecution at the TTAB
    Trial Period in Trademark Trial and Appeal Board (TTAB) Oppositions
    • An overview of the Trademark Trial and Appeal Board Manual of Procedure (TBMP)
    • Identification of the relevant witnesses and documents in the discovery phase of the trial 
    • The testimony period
    • The trial briefs and oral hearings
    How to appeal a TTAB decision
    • A United States Court of Appeals for the Federal Circuit (CAFC) appeal vis-vis a civil action 
    • Steps to be taken for filing the appeal
    • How to file a notice of appeal before the USPTO 
    • Notice of election of review by a district court by an adverse party 
    • Does approaching one forum exhaust the right of the aggrieved party to approach another forum?
    Cancellation proceedings for US trademarks
    • Steps in a proceeding for cancellation of a trademark registration
    • Grounds for cancellation
    • Who can file a trademark cancellation petition? 
    • How should a cancellation petition be filed? 
    • How to respond to a trademark cancellation petition?
    Trade Dress Protection under US law
    • What is a trade dress? 
    • Can functional aspects of a product enjoy trade dress protection? 
    • How does the US Trademark law protect trade dress? 
    • The requirement of distinctiveness to establish trade dress infringement
    Templates / takeaways
    • USPTO Trademark response to office action 
    • USPTO Trademark notice of opposition- Template
    • USPTO Trademark counter statement- Template

    Infringement Of Trademarks And Copyright On The Internet

    An overview of the Digital Millennium Copyright Act
    • Implementation of the two WIPO treaties through DMCA
    • Limited liability to the internet service providers 
    • Penalties under the DMCA
    How to draft a DMCA compliant takedown notice and counter notice thereof
    • The ingredients of a DMCA takedown notice in accordance with the Digital Millennium Copyright Act (DMCA)
    • The ingredients of a counter notice in accordance with the Digital Millennium Copyright Act
    • The processes to be followed after the takedown mechanism
    An overview of the Arbitration and Mediation Mechanism at the World Intellectual Property Organization
    • Who can use WIPO Alternate Dispute Resolution?
    • How is the mediation process conducted?
    • Composition and establishment of the Tribunal
    • How is the arbitration process conducted? 
    • The arbitral award
    How to draft a UDRP complaint and the response thereof
    • What is domain name infringement, cybersquatting, domain name hijacking and reverse domain name hijacking 
    • The essentials of a UDRP complaint
    • Which top-level domains (TLDs) can you initiated a UDRP complaint for
    • Overview of US dispute resolution procedure 
    • How to draft and file a UDRP Complaint 
    • How to draft the response to a UDRP complaint 
    • Decision-making procedure after the complaint
    • Powers of the WIPO Panel under the UDRP Process
    • Availability of parallel IP infringement proceedings in local courts
    How to draft a cease and desist notice for infringement of intellectual property in the US
    • What is a cease and desist notice?
    • When should one send a cease and desist notice?
    • How should a cease and desist notice be drafted? 
    • Responding to a cease and desist letter.
    How to draft a cease and desist notice for infringement of intellectual property in the UK
    • Compliance of the cease and desist notice with the Intellectual Property (Unjustified Threats) Act 2017; 
    • What are the best practices with respect to sending cease and desist notices in the UK? 
    • How would the content differ according to the rights being infringed? 
    • How should you respond to a cease and desist notice?
    Introduction to the Copyright law in the UK
    • An overview of the Copyright provisions of the Copyright, Designs and Patents Act of 1988; 
    • Which works are copyrightable in the UK?; 
    • What constitutes copyright infringement in the UK?; 
    • What are the remedies against copyright infringement in the UK?
    How to deal with copyright infringement on the internet in UK
    • The laws governing copyright infringement over the internet in the UK; 
    • The safe harbour provisions applicable to internet service providers and user generated content platforms
    • The requirements to be fulfilled in a takedown complain.
    Templates/ takeaways
    • DMCA Takedown notice
    • DMCA counter notice
    • UDRP Complaint
    • Response to a UDRP complaint
    How to register your work with the US copyright office?
    • The benefits of registering a work 
    • Where should you file an online copyright registration application? 
    • What are the contents of a copyright registration application? 
    • Step by step copyright registration process at the Electronic Copyright Office

    Legal framework for the Anti counterfeiting regime in the US

    Legal framework for the Anti counterfeiting regime in the US
    • Anti-counterfeiting provisions of the Lanham Act, 1946 
    • The Trademark Counterfeiting Act of 1984
    • Is registration a prerequisite for making a counterfeit claim? 
    • How is counterfeiting different from trademark infringement? 
    • Damages awarded in counterfeiting cases
    The US Customs and Border Protection
    • What is the US Customs and Border Protection? 
    • What are the authorities of Customs and Border Protection
    • How to record your trademark registration with CBP
    • How can brand owners help the CBP prevent counterfeiting of their goods? 
    • Procedure followed by the CBP after detention of alleged counterfeit goods
    • Recourse available to the brand owner once the counterfeit products are seized
    Prevention of counterfeiting and Patent infringement by the International Trade Commission
    • How can a trademark owner take the help of the ITC to prevent entry of counterfeit goods in the US? 
    • Role played by the USITC to curb Patent infringement 
    • Appointment of an investigative attorney by the ITC
    • Evidentiary hearing by the ITC
    • The role of Customs and Border Protection in the process
    Criminal proceedings against trademark counterfeiting in the US
    • Complaint to the National Intellectual Property Rights Coordination Centre
    • Evidence collection and admission 
    • Overview of trial process 
    • Penalties faced by the convict
    • Options for settlement
    Civil proceedings against trademark counterfeiting in the US
    • Private investigation for identification of the counterfeiter and collection of evidence
    • Initiation of proceedings in civil courts 
    • Application for ex parte seizure order
    • Trial process 
    • Damages awarded by the civil courts in counterfeiting cases 
    • Out-of-court settlements

    Basic Guidelines For Drafting Intellectual Property Contracts

    Introduction to parts of a contract
    • The different parts of a contract, and the sequence in which different clauses customarily appear in a contract
    • The categories to which each clause in a contract pertains
    • The Definitive Contract Drafting Checklist
    Major types of intellectual property contracts
    • Licenses
    • Assignments
    • Service Agreements with Assignment Clauses
    • Confidentiality or Non Disclosure Agreements
    • Franchising, merchandising and other types of agreements
    Title, Recitals and Definition clauses
    • The relevance of the introductory parts of a contract
    • How the clauses covered in the introductory parts are drafted
    Representations and warranties clauses and covenants
    • What exactly are representations and warranties and why they are required
    • Tips and strategies in drafting representations and warranties clauses
    • The consequences of false representations
    • What are covenants? 
    • What are the usual representations and warranties in intellectual property contracts
    Conditions precedent, Conditions subsequent and Completion
    • The concept of conditions precedent and the relevance of the conditions precedent clause in a contract
    • Conditions subsequent and completion
    • The consequences of breach of conditions precedent and conditions subsequent clauses
    • How to draft the conditions precedent, conditions subsequent and completion clauses
    How to draft Obligations and Payment clauses in any contract
    • The relevance of the obligations and payment clauses 
    • How payment and increment clauses are drafted
    • The consequences of default in payment 
    • How should consideration clauses be drafted?
    • How are obligations and payments clauses drafted for different types of intellectual property contracts?
    Term, Termination, Renewal and Survival clauses
    • How to decide the ‘term’ of a contract and draft the ‘term’ clause
    • How termination is connected with the term of the contract and how to draft termination clauses
    • The different methods by which a contract can be renewed 
    • Which obligations under the contract continue even after termination?
    Assignment and Change of control clauses
    • Which rights in an agreement can be assigned and which ones can be retained
    • How anti-assignment clauses work
    • The significance of the ‘change of control’ clauses and how these work
    • How assignment of specific types of subject matter such as intellectual property works
    • Is revocation of assignment possible? How can it be given effect?
    Confidentiality, Non-compete, Non-solicit and Exclusivity clauses
    • The concept and the need for confidentiality, non-compete, non-solicit and exclusivity clauses
    • How to draft an effective confidentiality clause
    • In which situations can a non-compete clause be enforced?
    • Cases where non-solicit and exclusivity arrangements are used
    Indemnity and limitation of liability clauses
    • The concept of an indemnity clause and the reason why it is required in a contract
    • Situations when an indemnity clause can be triggered
    • How to draft an effective indemnity clause
    • Difference between an indemnity and a guarantee
    • The effect of Limitation of Liability clauses
    Breach and Enforcement related clauses
    • The concept of breach and what kinds of scenarios amount to a breach
    • Consequences of breach which can be specified in a contract
    • Legally permissible remedies in the event of a breach
    • Whether to draft a breach clause as a general or specific clause
    • Types of liquidated damages clauses which are permitted under Indian law
    • What care should you take while drafting a breach clause
    • What is the difference between a breach and an indemnity claim?
    • How to quantify damages for infringement or other breaches
    Governing law, Jurisdiction, Arbitration and Dispute resolution clauses
    • The relevance of the Governing Law and jurisdiction clause
    • Learn how the Governing Law and jurisdiction clauses should be drafted
    • Why is a dispute resolution clause required in a contract?
    • Why are alternative dispute resolution methods better than conventional legal proceedings?
    • What is Arbitration? Which disputes are arbitrable and what is the difference between ad-hoc and institutional arbitration?
    • Arbitrability of IP disputes (patent, trademarks, copyright and contractual disputes) in US
    • Learn how to draft an effective arbitration clause
    • Governing law and jurisdiction clauses drafted in cross border IP licensing contracts
    Addendum and novation agreements
    • The meaning of addendums in an agreement
    • The difference between addendum and amendment
    • The application of addendum and how to draft the same
    • What is a novation agreement?
    • The principles and essentials of discharge of an agreement through novation

    Monetisation Of Intellectual Property

    Methods of commercialization of Intellectual property
    • Means of monetization of original copyrightable works
    • Assignment of trademarks and licensing through various modes and methods
    • Means of commercialization of patented inventions
    Important features of Intellectual property licensing and the indispensable clauses
    • What are the scenarios in which IP licensing would be viable? 
    • Which rights would be transferred and which ones retained? 
    • Important points to be considered during an IP licensing deal
    • What are the important clauses to be dealt with?
    Important clauses of US intellectual property assignment
    • What are the scenarios in which IP assignment would be viable? 
    • Can the assignor retain any rights in the IP pursuant to the assignment? 
    • Important points to be considered during an IP assignment deal
    • What are the important clauses to be dealt with in such agreements? 
    • How is the change in ownership to be recorded with the USPTO?
    • Difference in assignment process for trademark, patent and copyright under US laws
    Work for hire agreements for commissioning of copyrightable works
    • What is the purpose of entering into a work for hire agreement?
    • The advantages of a work for hire agreement
    • The essential clauses in a work for hire agreement
    What is trademark merchandising and how should these agreements be drafted?
    • When are merchandising agreements to be entered into? 
    • Different types of merchandising  arrangements;
    • Guiding principles of  merchandising agreements
    • What are the important clauses of merchandising agreements?
    What is franchising and how should franchising agreements be drafted?
    • What is franchising? 
    • When are franchising agreements to be entered into
    • What are the US Federal Trade Commission’s franchise rules for a valid franchise agreement? 
    • What is a pre-sale disclosure document 
    • How are intellectual property rights of the franchisor to be dealt with in a franchise agreement
    • Specific key clauses in a US based franchise agreement
    How to draft an invention assignment agreement between employers and employees
    • What is an inventions assignment agreement?
    • Why is it important for companies to have an inventions assignment agreement? 
    • Challenges of such agreements
    • How to avoid pitfalls in an inventions assignment agreement?
    How to draft E-book publishing agreements?
    • What does an E-book publishing agreement entail?
    • What are the author’s responsibilities?
    • What are the key clauses in an E-book publishing agreement?
    • How will the royalty payable to the author be determined? 
    • What are the essential features of such an agreement?
    • Common issues in digital publishing contracts
    Video game licensing agreement
    • The purpose of a video game license agreement
    • Ways in which such contracts shall be structured
    • Important clauses in such agreements
    What is synchronization and adaptation of music- Video
    • What would be the relevant rights involved in agreements pertaining to synchronization and adaptation of music? 
    • Can music licensed for synchronization be exploited on a standalone basis? 
    • Who shall hold the copyright in the recreated version of an original song? 
    • What shall be the key clauses in such licenses?
    Templates/takeaways
    • Work for hire agreement 
    • Franchising agreement 
    • Inventions agreement 
    • E-book publishing agreement
    • Video game licensing agreement
    Methods of commercialization of Intellectual property
    • Means of monetization of original copyrightable works
    • Assignment of trademarks and licensing through various modes and methods
    • Means of commercialization of patented inventions
    Important features of Intellectual property licensing and the indispensable clauses
    • What are the scenarios in which IP licensing would be viable? 
    • Which rights would be transferred and which ones retained? 
    • Important points to be considered during an IP licensing deal
    • What are the important clauses to be dealt with?
    Important clauses of US intellectual property assignment
    • What are the scenarios in which IP assignment would be viable? 
    • Can the assignor retain any rights in the IP pursuant to the assignment? 
    • Important points to be considered during an IP assignment deal
    • What are the important clauses to be dealt with in such agreements? 
    • How is the change in ownership to be recorded with the USPTO?
    • Difference in assignment process for trademark, patent and copyright under US laws
    Work for hire agreements for commissioning of copyrightable works
    • What is the purpose of entering into a work for hire agreement?
    • The advantages of a work for hire agreement
    • The essential clauses in a work for hire agreement
    What is trademark merchandising and how should these agreements be drafted?
    • When are merchandising agreements to be entered into? 
    • Different types of merchandising  arrangements;
    • Guiding principles of  merchandising agreements
    • What are the important clauses of merchandising agreements?
    What is franchising and how should franchising agreements be drafted?
    • What is franchising? 
    • When are franchising agreements to be entered into
    • What are the US Federal Trade Commission’s franchise rules for a valid franchise agreement? 
    • What is a pre-sale disclosure document 
    • How are intellectual property rights of the franchisor to be dealt with in a franchise agreement
    • Specific key clauses in a US based franchise agreement
    How to draft an invention assignment agreement between employers and employees
    • What is an inventions assignment agreement?
    • Why is it important for companies to have an inventions assignment agreement? 
    • Challenges of such agreements
    • How to avoid pitfalls in an inventions assignment agreement?
    How to draft E-book publishing agreements?
    • What does an E-book publishing agreement entail?
    • What are the author’s responsibilities?
    • What are the key clauses in an E-book publishing agreement?
    • How will the royalty payable to the author be determined? 
    • What are the essential features of such an agreement?
    • Common issues in digital publishing contracts
    Video game licensing agreement
    • The purpose of a video game license agreement
    • Ways in which such contracts shall be structured
    • Important clauses in such agreements
    What is synchronization and adaptation of music- Video
    • What would be the relevant rights involved in agreements pertaining to synchronization and adaptation of music? 
    • Can music licensed for synchronization be exploited on a standalone basis? 
    • Who shall hold the copyright in the recreated version of an original song? 
    • What shall be the key clauses in such licenses?
    Templates/takeaways
    • Work for hire agreement 
    • Franchising agreement 
    • Inventions agreement 
    • E-book publishing agreement
    • Video game licensing agreement

    Technology Contracts And How To Draft These

    Data privacy laws in the US
    • Regulations under the Federal Trade Commissions Act
    • The California Consumer Privacy Act
    • California Privacy Rights Act
    • New York Shield Act
    • Other state level data protection laws in the US
    What are Privacy policies and Cookie policies and how should they be drafted?
    • Why do websites have privacy policies? 
    • Information gathering and preparation stage for a privacy policy
    • How and where should the policies be displayed?
    • How to deal with data from different jurisdictions?
    • Updates to the privacy policy
    How are technology transfer agreements drafted
    • The meaning and types of technology transfer
    • The scope of technology transfer
    • The restrictions which can be placed on the transferee by the transferor
    • The means of protection of intellectual property of the transferor;
    • Important clauses of a technology transfer agreement
    How to draft terms of use and terms of service?
    • Best practices to ensure enforceability of terms of service; 
    • Terms of use and intermediary liability; 
    • Steps to ensure effective drafting of terms of service;
    How to draft US Law Compliant End User License Agreements (EULA)
    • Overview and role of end user license agreements
    • Key concerns in drafting these agreements
    • Specific heads of clauses in EULAs
    • US-Law Specific Clauses for US-based companies or software downloaded in US  
    • Enforcing EULA violations
    • Using technological means to ensure compliance with EULAs
    How to protect intellectual property in software development and software licensing agreements
    • Models for software development: software licensing by developer to company vs. software assignment developer to company 
    • How to protect IP from misuse by employees and consultants
    • How to draft indemnity clauses for breach of IP
    • How to invoke indemnity
    • How to protect other business secrets of parties 
    • Dispute resolution, enforcement strategy and reliefs for IP breaches under software contracts
    Templates/Takeaways
    • Non disclosure agreement
    • Privacy policy
    • Cookie policy 
    • Technology transfer agreement 
    • Technology license agreement
    • End user license agreement
    • Clauses for IP Protection in Software Development and Software License Agreements

    Patent Law and Patent work for Paralegals

    Introduction to patents under US law
    • The meaning of the word patents
    • First to file vs. first to invent standard
    • Title 35 of US Code
    • Utility patents and design patents
    • What constitutes a patentable invention
    • International protection of US patents under PCT and Paris Convention
    • Protection of offshore patents in US under PCT and Paris convention  
    • Role of a patent lawyer
    • Tasks of a foreign paralegal working on patent lawsa
    Overview of software patentability in the US
    • What is a software patent- video
    • Is software patentable in different jurisdictions?- video
    • Alice Corp. v/s CLS Bank (What is an abstract idea)- video
    How are patents filed in the US
    • An overview of how patents are filed in the US
    • Who can file a patent application in the US
    • How does a provisional patent application work in the long run? 
    • What should you know about non-provisional applications? 
    • Detailed overview of the fields in a US patent application form 
    • Overview of a provisional patent application
    Patent prosecution in the US
    • An overview of the Manual of Patent Examining Procedure 
    • Substantive examination of a patent applications
    • The first office action procedure
    • Types of office actions- restriction requirement, non-final office action, final office action
    • Applicant’s response to the first office action
    • How do office action responses differ in accordance with different domains of inventions
    • The second office action procedure
    • The final office action 
    • Request for continued examination
    • Appeal 
    • Abandonment
    • Notice of allowability
    Standard Essential Patents (SEPs) and disputes thereof in the US
    • What are Standard Essential Patents? 
    • Examples of standard setting organizations in the US and their role
    • When is a patent recognised as an SEP
    • Conditions for licensing of SEPs and “FRAND” licensing
    • What has been interpreted as the Fair, reasonable and non discriminatory (FRAND) terms of licensing in the US? 
    • What role does the US antitrust law play with respect to SEPs?
    Patent Assertion Entities in the US
    • Who are Patent Assertion Entities (PAEs)
    • Ex-post patent translation strategy adopted by PAEs as opposed to  ex-ante patent transactions
    • Different PAE business models- Portfolio PAEs and Litigation PAEs
    • Legal framework for the operation of PAEs
    • How to protect startups from PAEs and patent trolls
    US issued patent proofreading and Invention disclosure statement
    • The procedure of patent proofreading 
    • Understanding the need to disclose prior art in proofreading 
    • The filing procedure of information disclosure statement
    • The contents of the information disclosure statement
    Patent term assessment
    • The need of patent term assessment 
    • The procedure of PTA
    • Various judgements relevant to calculation of patent term assessment
    US patent post allowance review
    • The importance of patent post allowance 
    • The procedure of patent post allowance
    • To learn how to prepare a notice of allowance review history
    • Sample Invention disclosure statement
    Patent Portfolio Management
    • How should one align patent strategy with business objectives
    • Which inventions are worth patent protection
    • Which are some of the classic examples of immaculate patent portfolios
    • Local laws on transfer of ownership
    • What are the market factors that determine valuation
    Patent litigation pertaining to research institutes
    • General Patent/commercial litigation issues and post grant mechanisms in the US
    • Comparison of various US Universities and industry best practices
    • Filing tips for protecting innovation in the US
    • Tips for successful joint development/commercialization of research
    • Case studies pertaining to research institute litigation
    • Unique consideration for university patent portfolio management
    Post grant patent review in the US
    • What are the grounds on which a post grant review can be filed? 
    • When can a PGR be filed? 
    • Discovery and hearing phase
    Inter partes review of a granted patent
    • What are the grounds on which an Inter partes review can be filed? 
    • When can an IPR be filed? 
    • Discovery and hearing phase
    How to docket patents?
    • What is the importance of patent docketing? 
    • What does the patent docketing process constitute? 
    • Which are the best practices to perform patent docketing-a step by step guide

    Design Protection in the US

    Design patents in the US
    • What does a design patent protect?
    • What is the distinction between design and utility patents? 
    • Grounds of refusal of a design application 
    • What are the advantages of obtaining a design patent? 
    • What are the rights of a design patent holder?
    How to file a design patent application
    • Various elements of a design patent application
    • Drawing disclosure of the design 
    • Which are the patent laws and rules applicable to design patent applications? 
    • How to file a design patent application? 
    • How to make amendments to a filed patent application?
    How to deal with a design patent office action?
    • Common objection received for design applications
    • Rejection for non-enablement 
    • Rejection for inconsistency 
    • How to overcome these rejections? 
    • How to draft reply to the received office objection
    Re-examination of a granted design patent
    • Who can request a re-examination of a granted design patent? 
    • Which is the appropriate forum for the process? 
    • How is the re-examination conducted?

    Protection of Trade Secrets in the US

    Protection of trade secrets in the US
    • The TRIPS requirements for trade secrets 
    • What are the legislations that protect trade secrets in the US? 
    • Economic Espionage Act of 1996
    • Defend Trade Secrets Act of 2016 
    • The Uniform Trade Secrets Act 
    • Criteria for establishment of state of secrecy
    • How is the commercial value of a trade secret determined? 
    • Best practices to ensure maximum protection
    Trade secret asset management
    • Identification of trade secrets 
    • Classification of trade secrets
    • Protection of trade secrets 
    • Valuation of trade secrets
    Legal arrangements and business processes to protect trade secrets
    • Non-disclosure agreements
    • Non-solicitation agreements
    • Non-compete agreements
    • Internal information security policies
    • Access controls 
    • Exit interviews
    • Restrictions on public accessibility
    Templates/takeaways
    • Sample non-disclosure agreements
    • Sample non-solicitation agreements
    • Sample non-compete agreements

    Intellectual Property Litigation In The Us

    Patent litigation in the US
    • Who can sue for patent infringement? 
    • What are the grounds on which infringement can be claimed? 
    • In which courts can patents be enforced?
    • How would a suit be initiated  
    • Maintenance of confidentiality by the parties
    • Ways in which infringement is assessed
    • Grounds of invalidation of a patent 
    • Defences available to an alleged infringer
    • Remedies available against infringement 
    • Extra territorial injunctions by the US courts
    Trademark litigation in the US
    • Causes of action arising out of trademarks 
    • Parties to an infringement suit
    • Courts in which a trademark infringement suit could be filed 
    • How would a suit be initiated 
    • Remedies available to the plaintiff 
    • Possible defences available to the defendant 
    • Reseller and authorized dealer violations- violations of guidelines pertaining to Minimum Advertised Price and Unilateral Pricing Policy
    Copyright litigation in the US
    • Courts competent to enforce copyrights 
    • Acts constituting primary and secondary infringement of Copyright 
    • Defences available to an alleged infringer 
    • Is copyright registration a prerequisite for filing an infringement suit? 
    • How would a court assess copyright infringement? 
    • The role of copyright collecting societies in copyright litigation 
    • Practices concerning admission of evidence in suits concerning copyright infringement
    Trade Secret litigation in the US
    • Courts competent to enforce trade secrets 
    • What are the acts which would constitute infringement of trade secrets? 
    • What are the defences available to an alleged infringer? 
    • Confidentiality issues in litigating over trade secrets 
    • How would a court assess trade secret infringement?
    • Damages granted by the courts in trade secret cases- recent trends

    Navigating and Using Freelancing Platforms

    • Creation of Fiverr account- video
    • Optimization of Fiverr account- video
    • How to register on People Per Hour and UpWork- Video
    • Optimization of People Per Hour account- video
    • Optimization of Upwork Account- Video
    • How to use Linked In and Facebook for freelancing opportunities- Video
    • How to build your web page for freelancing- Video
    • How to create proposals and pitch for work on freelancing platforms
    • How to approach US law firms / companies for remote freelancing work

    Bonus Module: How to Perform UK Intellectual Property Office work

    Introduction to trademark law in the UK
    • Legislations and rules which govern trademarks in UK
    • What constitutes a trademark in the UK?
    • Absolute and relative grounds of trademark refusal in the UK
    • An overview of the trademark registration process in the UK
    • What constitutes trademark infringement in the UK?
    How is a trademark availability search conducted and how is a trademark application filed in the UK
    • Step by step trademark search on the UKIPO portal
    • Who can file a trademark application in the UK? 
    • What are the documents required for filing an application?
    • The procedure for filing a trademark in the UK
    How to deal with UKIPO office action process
    • Steps leading up to the examination of a trademark application in the UK
    • The process of examination of a trademark application
    • Additional grounds of objection (other than relative and absolute grounds)
    • How to respond to the office action?
    • Publication and registration of a trademark
    Step by step trademark opposition in the UK
    • What does the trademark opposition process comprise of?;
    • What are the grounds of opposition?
    • Who can file an opposition?;
    • How to draft a notice of opposition?;
    • How to reply to a notice of opposition?;
    • Remedies available at the UKIPO;
    • Further steps of prosecution at the UKIPO
    Submission of evidence in support of opposition and counter statement
    • What is proof of use evidence? 
    • Which documents are acceptable as evidence?
    • How should the evidence be presented?  
    • What are the next stages after filing of the evidence?
    Templates / takeaways
    • UKIPO Trademark response to office action- Template 
    • UKIPO Trademark notice of opposition- Template
    • UKIPO Trademark response to the notice of opposition- Template

    Admission details

    To join the Diploma in US Intellectual Property Law and Paralegal Studies classes, follow the steps mentioned below: 

    Step 1: Browse the link mentioned below:

    https://lawsikho.com/course/certificate-in-us-intellectual-property-law-and-paralegal-studies

    Step 2: Candidates must click on the “Enroll Now” button, fill in the required details and submit.

    How it helps

    The Diploma in US Intellectual Property Law and Paralegal Studies certification benefits include:

    • Students will get the printed study material to their address by courier. 
    • They will receive digital access to all assignments using LMS content, and Android and iOS apps.
    • Students will have the opportunity to do 2 practical exercises and drafting exercises per week for 24 weeks and 6 writing assignments. 
    • Access to all of Lawsikho.com's courses for 4 years if students take Master Access.
    • Students will also get the priority processing for articles submitted to the iPleaders blog. 
    • They will also get the Superwlawyer interview recommendations and free passes and invitations to the Lawsikho events and meet-ups across India.

    FAQs

    What is the duration of the Diploma in US Intellectual Property Law and Paralegal Studies training?

    The certification course duration lasts for 6 months, 6 to 8 hours per week. The students will learn a deep understanding of US Intellectual Property Law and Paralegal Studies.

    Who can opt for a Diploma in US Intellectual Property Law and Paralegal Studies online course?

    This course can be pursued by Ambitious Attorneys, Future-Forward Law Students, Trademark, Copyright, and Patent Enthusiasts, Aspiring Big Law Professionals and Global Career Seekers.

    What is the career potential for a Diploma in US Intellectual Property Law and Paralegal Studies certification course?

    Aspirants can apply for job opportunities in US small businesses, companies, businesses, small-medium-sized tech law firms, tech enthusiasts, business owners, fashion designers, artisans, inventors, entities luxury brands, restaurants and retail outlets.

    If students are staying abroad, will they get a hard copy of the study material?

    Students are required to pay the cost of the courier if they want the hard copy of the study material internationally by sending the correct address. Students residing in India, will not be charged extra for the courier.

    Who are the potential employers for the Diploma in US Intellectual Property Law and Paralegal Studies certification course?

    The potential employers are Law Firms, Corporate Legal Departments, IP Consultancies, Patent and Trademark Offices, Research and Development (R&D) Departments, Nonprofit Organizations, Startups, Academia, Entertainment Industry, Compliance Departments, and Contract Management.

    Does the Diploma in US Intellectual Property Law and Paralegal Studies online course provide a demo class?

    No, students will not be able to understand the quality in one class. The course offers study material, assignments, personal feedback on assignments, and a live class learning process.

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