personal statement for intellectual property law

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Personal statements, explore personal statements from previous applicants who have been admitted to our jd program., personal statements from previous applicants.

Through their personal statements, applicants share their greatest influences, professional aspirations, and why they applied to BU Law. We share these examples to help you consider how to approach your own personal statement as you prepare your application.

Passionate students from across the globe choose BU Law for many different reasons. The personal statement portion of our application allows them opportunity to discuss significant experiences that have inspired them to become lawyers. Learn why these student—through influences like the earthquake in Haiti, innovation in the biotechnology sector, and a motel staircase—chose to enroll in our JD program.

Jean-Phillip: Teacher inspired to give back in earthquake aftermath

Q&A with Jean-Phillip

“Being a voice for those who are voiceless is an axiom that I carry with me as I think about my role as a teacher and citizen.”

“Earthquake in Haiti.” That is what the text from my aunt read. I went to dinner thinking this has happened before, not too big of a deal, and then after went to the dorm and turned on the TV. It was arresting. I sat in front of CNN transfixed for 3 hours as if it was 10 minutes. I could not believe that just 5 days before I was with my grandparents at their house in Delmas, Haiti with my mom, dad, and sister.

I am Haitian-American. Even though I was born in Chicago and lived in its suburbs most of my life, Haiti is a place I am deeply connected to through culture and family. The place where I lived when I was young and gave me the mix of languages, which got me sideways glances on the first day of 1st grade in the US when I introduced myself in French with, “Bonjour, je m’appelle Jean-Phillip.” It set me apart in my life but also made me a part of something. This relationship and the feeling of straddling different spaces would lead me to my interest in Race and Ethnicity and its impact on how people interacted in political and social worlds, especially immigrant populations. The pride I feel at the history of the first independent Black nation is immense, as it is for many Haitians, but so is the frustration with the failure to meet its true potential. To see it in such chaos and disaster tore at me and brought me closer to the Haitian reality. The reality of a small beautiful country filled with strong people who live with stark inequality. On my visits, my feelings of undeserved privilege have always been reinforced.

In the days after the earthquake my thoughts were of my grandparents who my family had not been able to contact. Seeing the destruction of a market nearby my grandparents’ house crushed our hopes. I sat and watched news stories helpless. I did not know what I could do to help. While in my dazed state, my friend Arlene called me to ask if we could reboot our Haitian student group. She asked and I assumed the role of President of the Haitian Student Organization and began working closely with the Yale administration to plan a concert fundraiser to support Haiti immediately. We also knew that keeping attention on Haiti, even a few weeks after, would be essential to helping Haiti in the long run. We spearheaded a committee to work on a Haitian awareness week, which brought the Haitian Prime Minister and aid workers as well as continued fundraising. My parents left to go back to their original home to help those who they could and see our family. They knew they would hear stories of many lost friends. Our story was lucky in comparison. My grandparents were shaken but alive. In this whole ordeal one moment stuck out to me. My grandmother on my mom’s side found one of her many cell phones to call us and let us know she was okay a few days after the earthquake and then against the wishes of my mom found a way to deliver a phone to my dad’s mom, who was visiting her old home for a month, so that he could speak to his family. It was an amazing moment of selfless giving. She knew my dad needed that conversation.

I drew strength from this and other moments as I balanced being a counselor, being a student, and being on our relief advisory committee. During one of the committee meetings with an administrator and graduate students from the Yale Forestry school there was a remarkable incident when the well-intentioned idea of a hunger dinner was raised and the idea of having the dining area decorated as a refugee camp was discussed. All at once I felt that these people who I was working with to help Haiti were trying to get my approval for something that would be another disaster. Asking me to support a hunger dinner that would portray all of Haiti as a refugee camp was ridiculous to me. I knew I had to speak up; I dismissed the idea of the refugee camp immediately. Even though I was not experiencing the trauma directly, I attempted to fathom the feelings felt and channeled them, along with my own, to be a fervent defender of the dignity of the Haitian people.

When I graduated in May that same grandmother who had found that cell phone was there to see me graduate as if nothing had happened, maybe slightly skinnier, with the rest of my family alongside her. Even though I told my parents I would have no problems driving alone from Yale to our home in Chicago, my grandmother scoffed and said of course she was going with me. As a teacher now, I draw from that example. Giving of myself in small ways so that others can stand on me and being an advocate for my Dominican immigrant students has been incredible. Teaching them how to advocate for themselves and navigate within a system that often misunderstands and disadvantages them has lead me beyond just being their “No Excuses” science teacher. I have had so many opportunities and support in my life and giving back seems like the only reasonable option. Being a voice for those who are voiceless is an axiom that I carry with me as I think about my role as a teacher and citizen. I am ready now to acquire the additional skills and knowledge necessary to support and provide access for those people.

Joshua: Campaign fundraiser with a future in policy

Q&A with Josh

“After three years of campaigning, I am ready to be part of governing. Politics is my passion, but I want to see the promises made on a campaign through to completion.”

When I landed my first job on a US Senate campaign, I had volunteered and interned on various political campaigns and was eager to work on messaging and communications. My days, however, were not spent writing speeches or forming strategy as I had hoped but instead repeating mundane tasks and aggressively seeking out donors. I found myself calling strangers for hours each day, soliciting them for campaign contributions. Naturally an introvert, calling strangers made me uncomfortable, asking them for money pushed me well out of my comfort zone. There were no breaks to look forward to, either: I spent my nights researching potential donors and my weekends knocking on doors and canvassing public events.

With a goal of raising $20 million by Election Day, I was also responsible for planning fundraisers with seemingly unrealistic goals. For my first event, I was expected to raise $10,000 despite a difficult host who refused to return my phone calls. I called everyone on the invitation list multiple times, pitching anyone who answered. The day of the event, I was hopeful that my hard work would pay off. Maybe the host had been working his own connections in the community, or maybe the messages I left were compelling. There were ultimately only five people in attendance. We raised $800 that day. Frustrated with the long hours and meager results, I wondered why I was working on this campaign.

During those first couple of weeks, only the knowledge that I was fighting for a cause I believed in kept me motivated. The choices in the race were stark, and the winner would shape national decisions that affected every American. Our opponent’s stances were so radically different from what I believed best that I knew I would regret having any other job. All the negative aspects seemed trivial when compared to the consequences at stake.

Eventually, after putting in the hours and showing my commitment, I was given new responsibilities and more interesting tasks. I staffed call time with the candidate and witnessed how he integrated my research about the donors into his pitch. My heart skipped as he transitioned from health care reform to the “ask” and I breathed relief when we had a new pledge. I began writing the weekly campaign newsletter that went to hundreds of opinion leaders and activists around the state. Injecting my creativity and style when commenting on the week’s happenings and our opponent’s missteps reminded me of the reasons I took the job in the first place.

I also began to see better results when managing fundraisers. My first event taught me to seek out more engaged hosts and to build a stronger invitation list. I still spent hours on the phone inviting guests, but these calls now energized me as I spoke about the latest headlines and why we needed their help. During events, I preoccupied myself collecting contact information and scouting the room for the next potential host. As soon as the event ended, I raced back to the office excited to count the night’s haul. I enjoyed writing the newsletters, but the best part of the job was seeing my hard work pay off in an immediate and tangible way. No other experience had challenged me the way this job had, and through that I learned how to adapt and overcome obstacles to achieve my goals.

After three years of campaigning, I am ready to be part of governing. Politics is my passion, but I want to see the promises made on a campaign through to completion. As a fundraiser, I frequently plan events hosted by law firms, and I have seen firsthand how often politicians rely on lawyers for help in implementing policy decisions. Recently, the Mayor of Providence stayed late to ask attorneys their opinions about how to resolve issues with public pension contracts for current retirees. An attorney by trade, the Mayor probed them on potential solutions while discussing his concerns with them. Similarly, many other issues that affect people in very real ways require legal expertise in order to develop sound, effective policy solutions.

Kathryn: Lifelong health care enthusiast determined to enact reform

Q&A with Kathryn

“Based on my experiences growing up, at the university, and now at work, I have come to the conclusion that a career in law is the single most effective way for me to help enact positive change and transform our fragmented health care delivery system.”

For as long as I can remember, I have wanted a career in health care (yes—I know I am applying to law school—please bear with me). However, my focus has changed as I have had the opportunity to take a variety of classes and gain work experience.

My parents were unwittingly responsible for my initial interest in health. They both work in the field, albeit indirectly, so I was immersed in a world full of doctors, nurses, and hospitals at a young age.

Years ago, when my father—a medical historian and ethicist—was invited to speak at a conference or university, my mother and I would go along for the ride. At the time, I had no interest in listening to the actual content of his talks. I viewed these trips more as an opportunity to miss school and to make fun of my father’s wild hand gestures—I even conceived the Kung Fu GevitzTM action doll, which karate-chopped a podium at the push of a button. I earnestly swore to his bemused colleagues that I would never grow up to be like him, but despite my greatest efforts (and perhaps as a result of listening to one too many of his speeches), I slowly found myself sharing many of his academic interests.

My mother’s domain—the hospital where she worked as a practice manager of a cardiac surgery office—was a much more fascinating playground growing up. Despite being sick during most of my visits, I preferred spending time at the hospital to attending any conference. Between napping on her floor and drawing pictures for everyone in the office, I would watch live feed of the surgeons operating on an exposed heart or take trips to the morgue to view hearts with congenital abnormalities.

Dismissing my father’s profession and familiar only with the glamorous side of medicine, I began college with one career in mind: physician. I dreamed of discovering the cure for AIDS, developing new treatments for cancer, and ridding the world of disease. However, early in my freshman year at the University of Pennsylvania, I found that the classes that piqued my interest and excited me the most were not biology lab or chemistry, but rather the classes I took through my major in health and societies; classes like American Health Policy, Biomedical Ethics, and Health Law. These courses opened my eyes to the realm of health care beyond patient diagnosis and treatment. For the first time, I became acutely aware of the millions of Americans who struggle to access or pay for basic health services. I was also introduced to the tremendous influence of law and policy in everyday medical issues. The breadth of topics in my health law class, as well as the law’s presence in my other courses, astounded me. Whether we were talking about patient consent in my bioethics class or insurance markets in Medical Economics, our discussion always circled back to the role of the law. What impressed me most, however, was the legal system’s potential to effect broad social change. Inspired, I started thinking that a career in health law would be the best way to impact not only my clients, but also my community, and even my country.

Gaining firsthand insight into real life health issues has only reaffirmed this belief. While I do not work directly with the underserved, I manage aggregate data that testifies just as strongly to the need for policy reform. Every week at the Philadelphia Department of Public Health, I pull data from the Communicable Disease Management System—a database of collected patient information—to generate a report summarizing weekly and monthly trends in disease incidence. Week after week, the same social and behavioral risk factors are associated with the same diseases. For example, Asians comprise the majority of hepatitis B reports, older individuals with smoking histories are most at risk for Legionnaires’ disease, and infants and the elderly are most susceptible to vaccine-preventable diseases such as H. influenzae . The targeted health education and vaccination efforts we provide are necessary, but clearly not sufficient, to reduce disease incidence in these groups.

Examining emergency department chief complaint data reveals another set of problematic trends. Performing syndromic surveillance, I regularly see records of people who come to the emergency department with chronic conditions that they have had for years, but that have remained untreated because they cannot afford or access regular care. I also see how many individuals repeatedly misuse the emergency department as a resource. Rather than visiting a general practitioner, many poor and uninsured individuals come to the emergency department for primary care issues—colds, hangnails, back aches—because they cannot be denied treatment based on ability to pay. These are problems that cannot be fixed without a fundamental overhaul of our health care system.

Earning a law degree from Boston University with a specialty in health care law will give me the analytical tools to construct public policy that can address these issues and more. I would have the capacity to develop legislation and policies to decrease the incidence of Legionnaires’ disease (as well as lung cancer and heart disease) or advise on the legality of mandated vaccination. Alternatively, I could develop as well as defend policy and regulations that reduce emergency department misuse and promote greater access to more affordable and higher quality health care services. Based on my experiences growing up, at the university, and now at work, I have come to the conclusion that a career in law is the single most effective way for me to help enact positive change and transform our fragmented health care delivery system.

Kate: Immigrant advocate inspired by her clients to do more

Q&A with  Kate

“[My clients] have shown me how great an asset the immigrant community is to our country and left me convinced that I will find immigrant advocacy extremely rewarding.”

She sat opposite me at my desk to fill out a few forms. Fumbling her hands and laughing uncomfortably, it was obvious that she was nervous. Sandra was eighteen and her knowledge of English was limited to “yes” and “hello.” While translating the initial meeting between Sandra and her attorney, I learned of her reasons for leaving El Salvador. She had been in an abusive relationship, and though she wasn’t ready to go into detail just yet, it was clear from the conversation that her boyfriend had terrorized her and that the El Salvadoran police were of no help. Afraid for her life, Sandra left for the US to join her sister in Massachusetts. She had been in our country for all of eight weeks, five of which she spent in an Immigration and Customs Enforcement detention center in Texas. Eventually Sandra was given a credible fear interview. The interviewer believed that she had a real fear of returning to El Salvador, and Sandra was released from detention with an Immigration Court hearing notice in her hand. She had just retained our office to present her asylum case to the Immigration Judge.

I tried to imagine myself in Sandra’s shoes. She hadn’t finished high school, was in a completely new environment, and had almost no understanding of how things worked in the US. Even the harsh New England winter must have seemed unnatural to her. Having lived abroad for a couple of years, I could relate on some level; however, the circumstances of my stay overseas were completely different. I went to Spain after graduating from college to work in an elementary school, improve my Spanish skills, and see a bit of the world. Despite the different reasons for my move abroad, I do remember feeling completely overwhelmed by what would have been mindless tasks in a familiar environment—from opening a bank account to paying utility bills, nothing was intuitive anymore. I had to ask hundreds of questions and usually make a few attempts before actually accomplishing my goal. Frustrating though it was, I didn’t have so much riding on each of these endeavors. If I didn’t have all the necessary paperwork to open a bank account one day, I could just try again the next day. Sandra won’t be afforded the same flexibility in her immigration process, where so much depends on the ability to abide by inflexible deadlines and procedures. Without someone to guide her through the process, ensuring that all requirements are met and presenting her case as persuasively as possible, Sandra will have little chance of achieving legal status in the United States. Her case will likely take years to complete, but overlooking any details along the way could render Sandra ineligible to receive immigration benefits.

Before starting at my current position at Joyce & Associates, an immigration law firm in Boston, I had long considered a career in law. Growing up, I was engaged by family and school debates about public policy and government. In college, I found my constitutional law courses challenging and exciting. Nonetheless, it wasn’t until I began working with clients like Sandra that I became convinced that a career in law is the right choice for me. Playing my part as a legal assistant in various immigration cases, I have been able to witness how a career in immigration advocacy is both intellectually stimulating and personally fulfilling. I have seen the importance of well-articulated arguments and even creativity in arguing a client’s eligibility for an immigration benefit. I have learned that I excel in critical thinking and in examining detail, as I continually consider the consistency and possible implications of any documents that clients provide in support of their application. But most importantly, I have realized how deserving many of these immigrants are. Many of the clients I work with are among the most hardworking and patriotic people I have encountered. They have shown me how great an asset the immigrant community is to our country and left me convinced that I will find immigrant advocacy extremely rewarding.

I am equally confident that I would thrive as a student at Boston University, where I would be sure to take full advantage of the many opportunities available. The school’s Asylum and Human Rights Clinic and Immigration Detention Clinic would offer me invaluable experiences in various immigration settings. Likewise, by participating in the pro bono program’s Immigration/Asylum service trip in Texas, I could develop a better understanding of the challenges immigrants face upon crossing the Mexican border. Given my experiences in an immigration firm, I know that I would have much to offer while participating in these programs, but even more to learn. And while I find BU’s immigration programs to be especially appealing, I am equally drawn to the Boston University experience as a whole. The school’s diverse curriculum and highly-renowned academic programs would constantly challenge me and allow me to grow in ways I can’t yet imagine. I hope to have the opportunity to face those challenges, and to contribute my own experiences and drive to the Boston University community.

Eva: Czech native seizing the opportunity to pursue her dreams

Q&A with  Eva

“The experience of growing up surrounded by people whose lives and dreams were disrupted by the strict communist regime fills me with a great desire to take full advantage of the opportunities available to me.”

November 1989 saw the restoration of democracy in Czechoslovakia. Without knowing it at the time, my life would be forever changed by this moment in my country’s history. Not only did the Velvet Revolution expand the horizon of my opportunities beyond anything my parents and their whole generation could have ever imagined, but it also ultimately sparked my interest in law. It highlighted the importance of understanding how nations and their legislation can affect the lives of citizens and how international regulations influence transnational relations. From the example of my home country, which is still working on developing its young social and political framework, I can see how law is a crucial determinant in the formation of an environment under which business and culture can thrive. I see great purpose and personal fulfillment in pursuing a discipline which has the potential to positively affect social development.

The experience of growing up surrounded by people whose lives and dreams were disrupted by the strict communist regime fills me with a great desire to take full advantage of the opportunities available to me. I utilized the scholarship I received to attend an international school in Prague not only to study English, but also to learn as much as possible from my international classmates. This experience expanded my worldview and later prompted my decision to study abroad and travel. Continuously interacting with people from different cultures makes me an adaptive, confident, and effective communicator, and it helps me see any situation from various points of view. Being able to identify and evaluate possible options helps me find the right solutions to challenges and identify steps to fulfilling specific goals. It has also helped me find my own course to the study of law.

I transferred out of the undergraduate degree in law I was pursuing in the United Kingdom to gain the skills, and most importantly the experience, I felt I needed in order to reach a deeper understanding of law theory and its application. As an English major at Boston University I developed skills in writing, research, critical reading and analysis. My second major in economics provided a solid background into the business setting within which law firms operate and prompted my interest in business and finance law. Later on, internships and full-time work tested this knowledge in a corporate environment. It was important to learn to apply classroom skills creatively and within tight deadlines. For example, managing the creation and release of company press releases at my first job after graduation demanded particularly good organization and time management. I had to identify interesting points worthy of mention in international media, make sure I understood the scientific data I was writing about and schedule the release of articles on time, while coordinating requests from several company departments. This gave me a strong sense of responsibility, as my writing was the voice of the entire company. I believe that continuing to apply this same work ethic will help me manage the rigorous demands of law school.

Learning from experienced professionals at large international companies encourages me to take on increasingly challenging tasks. In my free time I manage the Czech branch of an international non-profit arts project related to theater. It gives students the opportunity to see theater performances for free, publish their reviews and articles on an international web portal, and receive guidance and feedback from experts and scholars in the field. I have now expanded the Prague team to include five reviewers, and I am always looking to involve more students in the project. I will continue to look for ways to provide learning opportunities and share knowledge with peers in order to contribute to the Boston University community.

The lessons I have received from my country’s recent history continue to provide me with strong motivation. I grew up listening to stories from the times of the occupation, and they were always about the limits and the restrictions that characterized the era. I am very thankful that this does not apply to me and that I can now take the next step to realizing my goal of becoming a lawyer. I will rely on my determination and the skills I have gained through education, work experience, and travel to help me through the challenges of law school. I believe that I have what it takes to be a valuable contribution to the Boston University Law School classroom and also the legal profession.

Eddie: Scientist with a passion for intellectual property law

Q&A with  Eddie

“I was motivated by a desire to pursue a career that would allow me to broaden the range of scientific issues I worked on, rather than the narrow field in which I had specialized.”

I am very passionate about science and spent much of my academic life in research laboratories studying parasites that cause human disease. Recently, as a technical specialist at an intellectual property law firm, I discovered that I could successfully utilize the creative-thinking and analytical skills that I acquired as a scientist to help clients in the biotechnology sector protect their intellectual property. My experiences have solidified my commitment to law school, and I therefore write this statement to convince you of my resolve to merge my passions for science and law by becoming an attorney-scientist.

I was raised in the mountainous interior of Puerto Rico by parents who emphasized the importance of obtaining the best education possible. I attended a public residential high school with a curriculum specializing in math and science, where I excelled at learning about a variety of scientific disciplines and developed my passion for science. At age fifteen, I was selected to begin working in a research laboratory at the University of Puerto Rico School of Medicine, as a participant in a summer program directed to motivating students to pursue careers in scientific research. My work focused on isolating and characterizing proteins that could be used for the diagnosis of, and vaccination against, two parasitic diseases. This transformative experience propelled my decision to pursue a career in scientific research. After high school, I continued working on the same research project while earning my Bachelor of Science degree in biology at the University of Puerto Rico-Rio Piedras. My undergraduate experience was enriched by my selection to participate in a scientific exchange program, sponsored by the US National Institutes of Health, which funded my training in research laboratories at three distinguished research institutions: the University of Edinburgh (Scotland), Monash University (Australia), and the University of Salamanca (Spain). These global experiences not only helped cultivate my scientific skills, they also allowed me to gain a unique understanding of different cultures, peoples, and belief systems.

At the University of Virginia, I earned a doctoral degree in microbiology studying the molecular mechanisms regulating how the parasite Entamoeba histolytica causes disease. I presented my doctoral research at multiple national and international scientific conferences and the results of my work were published in two peer-reviewed scientific articles. As my doctoral studies were concluding and job prospects loomed, however, the realization hit that I was motivated by a desire to pursue a career that would allow me to broaden the range of scientific issues I worked on, rather than the narrow field in which I had specialized. I had been exposed to intellectual property law while taking a technology transfer course taught by a law professor in college, and conducted several informational interviews with attorneys practicing intellectual property law to decide if I should explore a career in this field.

Working as a technical specialist in the biotechnology/chemical practice group of an intellectual property law firm in Washington, DC, for the past year and a half has afforded me the opportunity to gradually transition from the lab bench to the law firm under the mentorship of several attorney-scientists. I have been rewarded by the opportunity to work on a broad variety of biotechnology fields including pharmaceuticals, biofuels, vaccines and nutraceuticals, and enjoyed the intellectual challenge of understanding the technical issues of each case, analyzing the legal and strategic implications of the advice we give our clients, and developing writing skills to produce work products that can be understood by non-technical audiences. My responsibilities as a technical specialist include prosecuting patents in the US and abroad, developing opinions for clients regarding the invalidity and/or non-infringement of patent claims, and performing freedom-to-operate analyses for clients seeking to release new or modified products.

My experiences as a technical specialist have convinced me that I am committed to becoming an attorney specializing in intellectual property law. I have the technical aptitude and determination to succeed as an attorney and now seek the necessary formal legal education to become an effective advocate and trusted advisor. I believe that my background, professional experiences, and maturity will allow me to contribute a unique perspective to the student body at the Boston University School of Law.

Jacquelyn: Teach for America participant who learned to love home

Q&A with  Jackie

“Although my students may never know it, my time as their teacher has instilled in me a sense of urgency and purpose that fuels me to continue working for children and their families as long as I am able.”

When I applied for Teach for America in the winter of 2009, it was more for the opportunity to leave the Rio Grande Valley than to accomplish the movement’s real mission of bringing a quality education to low-income students. A predominantly Mexican area with most families living under the poverty line, the Valley represented, for me, a place where ignorance met apathy, a place where people got what they deserved, and above all else, a place I refused to spend any more time in. I applied for major cities around the nation, but Teach for America had different plans for me, and when notifications were sent out at the end of March, I was placed as an elementary special education teacher in the Rio Grande Valley. And in what I could only chalk up to be divine intervention, I was hired at the same elementary school that I had attended.

Two years and I will be done. I couldn’t shake that thought as I entered my classroom on the first day of school. Making a real difference seemed unlikely: my heart wasn’t into the work I was about to do. When the bell rang and I began picking up my students from their classes, life as I knew it ceased to exist.

That first day, I didn’t pick up a single child that wasn’t wearing dirty or ripped clothing. One was covered in bug bites. Another’s stomach growled as I walked the students through classroom rules and procedures. None smiled. I could not seem to wrap my mind around the fact that these students attended the same school that I so happily did not-so-many years before. By Thanksgiving, a brother and sister in my class scratched so hard at their wrists and fingers from poorly treated scabies that they’d return their assignments to me with small blood streaks staining the bottom. Stomachs still growled during my math lessons. But when a fifth-grade student told me she’d spent the night in a small bedroom closet, arms around her four younger siblings as her mother and father went at each other with broken bottles and angry fists, I could no longer stand it.

Something changed in me that day. I’m not quite sure if I finally grew up or realized the enormous responsibility my job had given me, but something changed. And for probably the first time in my life, I stopped thinking of only myself. Suddenly I was so ashamed of ever thinking negatively about being Mexican or growing up in the Valley—so embarrassed that I thought so little of the community that had given of their time to ensure that I would have all the opportunities in the world. It dawned on me that I was only able to have the strong opinions I did because countless individuals had made my success their mission. And it was time for me to do the same. It may have been pure chance that I ended up returning to the Valley where I was raised, but doing so gave me such an advantage over my Teach for America counterparts: Parents found me more trustworthy, my intentions and abilities as a teacher were rarely questioned, and my ability to speak Spanish comforted. My Valley roots made me an ally, and my children only benefited from this.

For the next three years, I poured my soul into my work and let my students have my heart. I organized community reading groups to get parents and neighbors involved in literacy. When parents began telling me that they wanted to help their children with math homework but didn’t understand the objectives, I requested my principal set up a family math night so that parents could come into my classroom and have me teach the concepts to them alongside their children. I watched as my community grew closer together and my students’ academic abilities blossomed. It didn’t matter if students had autism or Down Syndrome, learning disabilities or emotional disturbance. All my students were learning at a pace faster than expected. By the spring semester of my second year, I even dismissed two students from special education services entirely.

My time in the classroom has been a wonderful, challenging experience. I’ve seen children accomplish more than others thought possible; at times, certainly more than I thought possible. I’ve seen a real love of learning blossom in the children and the families I’ve served. These were my miracles—my proof that if you wanted something badly enough you could make it happen. My children made great gains. And I tried my hardest to do all the things I thought a great teacher needed to do. But at times, it still wasn’t enough. My children needed more. My classroom was a safe place for my students, but their time with me was limited. I could shelter them to my heart’s content during the day, but once that bell rang and I handed my children back to the outside world, all I could do was stand and watch as life’s circumstances tried and often did bring them down. That’s when I decided to apply for law school. I have enjoyed every moment in the classroom, but I want to help children and their families in ways I simply cannot as a teacher. I want to fight for them and their families in an effort to improve their lives as much as I possibly can. If I’ve learned anything from my time in the classroom, it is that even the smallest of changes in circumstance can make for the biggest changes in one’s quality of life.

This past year was my third working with students from my own community. And although my students may never know it, my time as their teacher has instilled in me a sense of urgency and purpose that fuels me to continue working for children and their families as long as I am able. Working as a special education teacher in my own community has taught me humility and respect. It has taught me that, for many children, the need is great, the time is short, and I have an obligation to do whatever I can to help. I now believe that those with special talents, extraordinary abilities, or just a moment of free time have a responsibility to help those around them in every way possible. I have learned that in helping others achieve even the smallest of victories, I have not only made new opportunities possible for them but also contributed to the content of my own character. A life of service is a noble one that I hope to achieve. A life where I can inspire as I have been inspired and offer hope when hope seems most unlikely.

I laugh a little now when I think about how a group of disabled children helped me find my home again and gave me a place in the world. They showed me that being from the Valley is something to cheer about. I am now so proud to be a Mexican-American woman with a rich culture and language who had the opportunity to learn from and be embraced by the community I spent a lifetime criticizing. I am so honored and humbled to have been a special education teacher for my little ones, showing them that education, opportunities, and justice are for everyone, regardless of life’s circumstances and arrogant opinions. As a law student, you will find few more passionate than I; as an attorney, few who work harder and demand greater of themselves. For three years, my students and their families have allowed me to work for them, trusting my judgment and welcoming my help. But I can do more. I am ready to do more.

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LLM Certificates

Duke Law offers certificate programs for LLM students in New Ventures and Entrepreneurship; Environmental and Energy Law; Business Law; and IP, Science and Technology Law.

Certificate programs allow LLM students to further refine their research and career focus by maximizing their exposure to outstanding courses and instructors in their fields of interest.

Duke’s location in Durham, a student-friendly environment with a modest cost of living, was significant in making my choice compared to the other schools that offered me admission. I completely enjoyed the intellectual property law class by Professor James Boyle, which was the most intellectually stimulating in my academic experience. The IP classes and exams were amazing as they addressed contemporary issues and thought-provoking IP law and technology realities relevant to practicing as an attorney in this rapidly evolving digital age.

Entrepreneurship

Environmental and energy, ip, science and technology, new ventures and entrepreneurship certificate.

Duke Law School has long been known for the breath of its research, scholarship, and teaching at the intersection of innovation, entrepreneurship, and business law. Lawyers serving clients and companies can be counselors, policy advocates, entrepreneurs, or corporate leaders, or sometimes all at once. Whatever their role, they require a comprehensive understanding of multiple areas of law and policy — business, intellectual property, and privacy law, to name a few — as well as practical legal skills such as contract drafting, corporate counseling and communication, negotiation, and deal skills. The New Ventures and Entrepreneurship Certificate capitalizes on the strengths of the Duke Law Curriculum in all these areas and prepares students for careers in the technology, science, and innovation sectors of the global economy.

Applications:

Applicants for the New Ventures and Entrepreneurship Certificate should have the following qualifications:

• a strong academic record;
• strong English language skills; and
• preference for two years of post-graduate work experience in business law or related fields.

Applicants to the certificate program should submit with their LLM application a statement of interest in the New Ventures and Entrepreneurship Certificate. The statement should describe their background and goals for their career. If applicants’ personal statements include a full description of their interest in the certificate, it would nevertheless be helpful to the committee to have a separate statement containing the portion of the personal statement that describes that interest. A limited number of applicants will be admitted as candidates to the certificate program each year.

Program Requirements

In order to receive the Certificate in New Ventures and Entrepreneurship, candidates must successfully complete the following requirements:

• 24 credits in law, with a 2.5 minimum grade point average;
• a substantial research paper on a topic related to the substance of the certificate program
• a total of 12 academic credits in the following courses:
• Business Associations
• Startup Law: Legal Considerations for Entrepreneurs and Counsel
• Business Strategy for Lawyers
• Intellectual Property
• Patent Law and Policy
• Corporate Finance
• Bankruptcy and Corporate Reorganization
• Corporate Taxation
• Venture Capital Financing (3 credits)
• Structuring Venture Capital and Private Equity Transactions
• Internet and Telecommunications Regulation
• Partnership Taxation
• Securities Regulation
• Sports and the Law
• The Law and Policy of Innovation: The Life Sciences
• Corporate Governance
• Federal Income Tax
• Frontier AI & Robotics: Law & Ethics
• Introduction to Privacy Law and Policy
• Artificial Intelligence Law and Policy
• Legal Issues of Cybersecurity and Data Breach Response
• Corporate Counseling and Communication
• Financial Valuation

Core courses not taken by the student to fulfill the requirements of subsection (a) can count as electives for the purposes of meeting the requirements of subsection (b).

• An off-campus externship that is thematically connected to the certificate’s subject matter, or
• Enroll in either the Start-Up Ventures or Community Enterprise Clinic, or
• Negotiation for Lawyers
• Contract Drafting
• Contract Drafting for the Finance Lawyer
• Deal Skills for Transactional Lawyer
• Practicing Law with AI and Big Data
• Three of the 12 credits may be obtained from courses offered by the Fuqua School of Business or the Sanford School of Public Policy that are thematically connected to the certificate’s subject matter.

Please note that enrollment in the Certificate does not guarantee enrollment in one or more of the foregoing courses; students will have the opportunity to drop the certificate before LLM graduation without penalty in the event they are not able to fulfill the academic requirements of the Certificate.

For more information, please contact Oleg Kobelev , Associate Dean for International Studies.

Environmental and Energy Law Certificate

Duke University is one of the country’s leading research universities in the field of environmental studies, and this certificate provides LLM students an opportunity to study environmental law and policy with outstanding scholars and teachers across the university. Through our partnership with the Nicholas Institute for Environmental Policy Solutions and other interdisciplinary programs, Duke prepares students for careers as lawyers and policy-makers in a world facing increasing pressure on natural resources and the environment.

Applications

Applicants for the Certificate in Environmental and Energy Law should have the following qualifications:

• preference for two years of post-graduate work experience in environmental law or related fields, or substantial prior study of environmental law.

Applicants to the certificate program should submit with their LLM application a statement of interest in the Certificate in Environmental and Energy Law. The statement should describe their background in environmental law and goals for their career. If applicants’ personal statements include a full description of their interest in environmental law and the certificate, it would nevertheless be helpful to the committee to have a separate statement containing the portion of the personal statement that describes that interest.  A limited number of applicants will be admitted as candidates to the certificate program each year.

In order to receive the Certificate in Environmental and Energy Law, candidates must successfully complete the following requirements:

• a substantial research paper in environmental law or a related field; and
• a minimum of 12 credits in courses in environmental law and related fields, including Environmental Law (3 credits) and Readings in Environmental Law (1 credit). Three of the 12 credits may be obtained from courses offered by the Nicholas School of the Environment  or the Sanford School of Public Policy .

Business Law Certificate

One of Duke Law School’s key academic strengths is our focus on the intersection of law and business. This certificate provides LLM students an opportunity to study business law and policy by choosing from a deep and varied assortment of courses taught by outstanding scholars and practitioners who are leaders in their fields. Through our partnership with the Fuqua School of Business and other interdisciplinary programs, Duke prepares students for careers as lawyers and policymakers in a world where the relationship between law and business partnerships grows increasingly more complicated and important.

Applicants for the Certificate in Business Law should have the following qualifications:

Applicants to the certificate program should submit with their LLM application a statement of interest in the Certificate in Business Law. The statement should describe their background in business law and goals for their career. If applicants’ personal statements include a full description of their interest in business law and the certificate, it would nevertheless be helpful to the committee to have a separate statement containing the portion of the personal statement that describes that interest.  A limited number of applicants will be admitted as candidates to the certificate program each year.

In order to receive the Certificate in Business Law, candidates must successfully complete the following requirements:

• a substantial research paper in business law or a related field; and
• a minimum of 12 credits in courses in business law and related fields. Three of the 12 credits may be obtained from courses offered by the Fuqua School of Business .

Intellectual Property, Science and Technology Law Certificate

Duke Law School and Duke University have a deep commitment to the study of intellectual property law as evidenced by the work of our Center for Innovation Policy ; the Institute for Genome Sciences & Policy ; and the Center for the Study of the Public Domain . This certificate provides LLM students an opportunity to study with renowned scholars and practitioners who are leaders in their fields. The Intellectual Property, Science, and Technology Law Certificate will help prepare students for careers as lawyers and policymakers in a robust and constantly changing field.

Applicants for the Certificate in Intellectual Property, Science, and Technology Law should have the following qualifications:

• preference for two years of post-graduate work experience in intellectual property law or related fields.

Applicants to the certificate program should submit with their LLM application a statement of interest in the Certificate in Intellectual Property, Science, and Technology Law. The statement should describe their background in intellectual property law and goals for their career.  If applicants’ personal statements include a full description of their interest in intellectual property law and the certificate, it would nevertheless be helpful to the committee to have a separate statement containing the portion of the personal statement that describes that interest. A limited number of applicants will be admitted as candidates to the certificate program each year.

In order to receive the Certificate in Intellectual Property, Science, and Technology Law, candidates must successfully complete the following requirements:

• a substantial research paper in intellectual property law or a related field; and
• Intellectual Property Law
• Copyright Law
• Trademark Law and Unfair Competition

For more information, please contact Oleg Kobelev , Associate Dean for International Studies .

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• How to write a great LLM personal statement »

Writing A Law School And LLM Personal Statement

Find your perfect llm program search our database of over 2500 courses.

A great LLM (Master of Laws) personal statement should be persuasive, concise and easy to read:

Persuasive – you want the admissions board to choose you over the competition.

Concise – you need to compress information about your past, present and future into a limited word count.

Easy to read – you don’t want the admissions board to give up on it halfway through.

Why is your LLM personal statement so important?

Your LLM personal statement is a vital part of the process of applying to an LLM course, and together with your academic record and relevant work experience , it is a key element to the success of your LLM application.

It is crucial that you allow yourself enough time to craft the perfect LLM personal statement, one that showcases all your skills, qualifications, experience and personality.

1. An LLM personal statement explains gaps

If you've got a few spaces in your work history or a job that ended poorly, then the LLM personal statement is your chance to explain what happened and what you have learnt from the experience. An unhappy or bad experience can be a significant learning experience and might have provided you with additional skills or motivations that will make you able to contribute to the course in a unique or significant way. Many law schools encourage students to explain any career gaps.

2. Provides insight into motivation

It's important that your motivations for applying for and doing the LLM course match with the law school's ethics and ethos. Your LLM personal statement is your chance to show that you are a good match for the law school and the LLM course. Explain your reasons for wanting to do this course and why you are passionate about the law or the particular part of the law you are planning on studying. You can show what you will bring to the course and why you will be an asset to the law school.

3. Make yourself stand out

A popular LLM course at a prestigious global law school will receive many more applications than spaces on the course. Everyone applying to that course will have an excellent academic record and a wealth of relevant work experience. Your LLM personal statement might make the difference between being accepted onto the course and not. Make yourself stand out with the language you use, but don't overdo it. Explain the finer details of your experience and why you've chosen to attend this course at this particular law school.

4. Important part of the law school’s decision making

Almost 90% of universities use the LLM personal statement to make their decision about applicants. This means the time you spend on your personal statement is crucial. Try and get some other people to read through your statement and offer their advice/opinion, especially if you know someone who has completed the LLM course recently. Make sure that your personal statement is your own work and that any revisions you make on the recommendation of others don't change your personal statement beyond recognition and lose the essence of you.

5. Proves you can follow instructions

There will be guidelines and advice provided by the law school or university to help you write your LLM personal statement. Use these instructions to prove that you can follow directions. It's also an opportunity to show off your written English skills, this could be particularly relevant if English is not your first language, and your English test scores are not what you would like them to be.

6. The first chance for potential professors to ‘meet’ you

Your LLM personal statement is your introduction to your future law school professors and the people who you might connect and reconnect with throughout your legal career. View your personal statement as the first introduction to this new part of your future network.

What information should you include?

Key things to bear in mind to achieve success when crafting the perfect LLM personal statement are:

1. Conciseness:  whatever you do, you MUST remain within the institution’s word limit. Legal professionals are expected to be able to summarise masses of information without losing any essential facts, and your personal statement is an indicator of your ability to do this.

2. Language:  don’t use complicated words in an attempt to impress. As a legal professional, you will be working with clients who may not understand technical terms so your ability to communicate in a formal yet simple style will not go unnoticed.

3. Format:  keep your LLM personal statement uncluttered, with lots of spacing and white space, to make it easy to read. It's important for the document to look good as well as to read well.

4. Structure and flow:  your intro could summarise the reasons why granting you a place is the right decision for the admissions board to make. The main body should be broken up into your past (academic, professional and personal info; relevant experience, your interests and motivations and what led you to the point of applying), your present (all the details about the LLM; why you chose it at that particular institution, which modules you’re really keen on) and your future (what you plan to do after you complete the LLM). Your conclusion is a summary of your main points and should end on a memorable note. After you’ve written your first draft, print it out and review it to see if it makes sense, making notes in the margins along the way as if you were an editor editing another writer’s work.

LLM personal statement top tips

Here are some tips and strategies to creating the perfect LLM personal statement.

Academic history

Discuss what you studied as an undergrad and whether the LLM is a natural progression or would represent a change in career path. Do you have a first degree in law and are you working your way towards a PhD in Law and a future in legal academia? If your first degree was not in Law, how would the LLM complement it; do you have a first degree in Economics and want to do an LLM in International Business Law for example?

Make it personal

Mention what interests and motivates you, and what has happened in your life that put you on the path to applying for an LLM at that institution. If you’ve chosen a small college, explain why you prefer institutions with a small population. If you’ve opted for a large law school, let the admissions board know why you thrive in a busy environment. It’s important to explain your preferences so the admissions board gets a sense of who you are and why you fit in with their law school. Include relevant information – like volunteer experience or extra-curricular activities – that have inspired you with your choice. The admissions team want to understand the personal reasons why you want to study their LLM course.

Don’t make claims you can’t support

Since you are applying for a postgrad legal program you should be familiar with making persuasive arguments. As legal arguments are evidence-based, be prepared to apply the same approach in your statement by avoiding unsubstantiated claims. If you state that certain modules are ‘relevant to your career’, state specifically how. Don’t leave it to the admissions board to try to work it out for themselves. If you claim that you are a top student, highlight your grades even though you will submit transcripts as part of your application. Use clichés like ‘leadership skills’ only if you can give examples of instances when you demonstrated these traits. And don't forget that if you are subsequently called in for an LLM interview, this personal statement will probably be used as the basis for the interview, so always tell the truth!

Don’t just write it, craft it

When it comes to the actual writing of your LLM personal statement be prepared to write, edit and rewrite your personal statement several times. Remember all those essays you wrote in your undergrad days? Well, the same rules of presentation, structure and flow apply to your personal statement; the only difference being that this time, the essay is about you. And once you think you’ve written the perfect LLM personal statement get a trusted friend or colleague to read it through to offer you constructive criticism and to pick up any typos or grammatical errors.

Relevant referees

Pick a referee who can provide you with a good academic reference, so choose a tutor and lecturer who will remember you from your undergraduate studies. Including your employer as a referee is a good idea if your current job is relevant to the course, or include someone you did relevant work experience for. You will need to ask potential referees before you submit your application.

10 things to avoid in your LLM personal statement

Here are the top 10 things that you should avoid doing when writing your LLM personal statement.

Including a mini dissertation – you are meant to explain your interest in the area that you wish to specialise in, which doesn’t mean writing an essay on your proposed dissertation topic! That can wait till you start your LLM program and are asked to submit a thesis proposal.

Underselling yourself – rather than blaming yourself later on for missing out on listing achievements from your work experience or undergraduate study, make it a point to highlight all the relevant information; ranging from past work experience on specific projects, skills acquired and applied, publications, moot courts, etc.

Being ambiguous – all your efforts will be futile if you didn’t make your personal statement read clearly with details relevant to the LLM course that you are applying for and clearly stating your interest for that course.

Writing too much or too little – usually universities provide the word count/A4 page limit for the LLM personal statement. Some students will have a tendency to write less hoping that the CV will cover all their academic and career highlights, whilst others may be tempted to write too much describing everything they have done in all possible detail. The sensible approach would be to mention enough to match the word count/page limit and to highlight only what is important to put your case forward.

Obsessing with templates – it might be a common trend to scour the internet for templates on personal statements but be warned that some may have been copied off the others and may all end up looking very similar. Your LLM personal statement should be unique and well drafted to make logical sense to the reader.

Making stupid mistakes – sometimes we tend to overlook minor mistakes that can have significant bearing on the outcome of our application. Things such as addressing the statement to the wrong university (or with a wrong date/address) can give a very bad first (and almost certainly final) impression!

Doing it last minute – our general advice when it comes to university applications is to never leave anything to the last minute. Some students tend to work hard on their personal statement redrafting it a 100+ times, while others only pick up this part of the application on the last day of its submission. Time must be given to this vital part of your application so that any mistakes including ones listed here can be corrected in good time.

Repeating information – although you may feel that you are trying to make a point by explaining a situation in different ways, university admissions staff may see this as a repetition of information that they don’t need to know. Once you make a point about a particular skill/achievement, move on to the next piece of information to show varied experience, knowledge and interest.

Name dropping – in professional services we tend to mention names of high-profile clients or popular legal representatives to get ahead of competition through our application. This may work in a casual networking setting, however when it comes to application processes for admissions, the focus is usually around your contribution to legal matters, your ambition to progress your career further through further studies, rather than just throwing some names in!

Making grammatical errors – although legal eagles tend to be careful on this one, it is best to proofread your LLM personal statement several times before handing it in. Ideally, you should share it with friends or colleagues to spot any noticeable errors.

Writing a personal statement – real-life examples

With all this key information on writing the perfect LLM personal statement – explore our law expert’s analysis of real applications to help you craft the ideal introduction and give yourself the best chance of getting onto your dream LLM program.

Introduction to our law admissions expert

To help you achieve the success you deserve with your LLM applications we have taken four genuine (and successful) LLM personal statements from four genuine LLM students and asked LLM admissions expert Robynn Allveri to fine-tune them to make them as good as they possibly can be. To put it simply, our admissions expert cast her (very) critical eye over all four law school personal statements – that had already proved successful – and offers advice on how they can be improved. She highlights where the LLM personal statements let the candidates down, and of course also shows where and why they enable the candidate’s qualities to really shine through.

Our genuine LLM personal statements have been written by both international students and home students, applying to law schools in the UK, the USA and Canada. This unique selection of real law school personal statements will give you real insight into how to make you own law school personal statement a success. Armed with our knowledge of the dos and don’ts of LLM personal statement writing and unique admissions tips , you should be just a hop, skip and a jump away from LLM admissions success!

So here is our real-life guide on how to write a law school personal statement to guarantee success with your LLM application .

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• intellectual property

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Intellectual property (I.P. or IP) is a type of property encompassing the products of original human thought. Common examples of intellectual property include: the contents of a book, designs of an invention, computer software, company logos, and music. 

Intellectual property differs from other forms of property in that it is non-tangible, and non-rivalrous. Unlike other forms of property, intellectual property can be used by infinitely many people without depriving the original owner of the use of their property. This characteristic of intellectual property makes it particularly vulnerable to free rider problems, creating unique challenges for authors and inventors who wish to monetize their work.

Intellectual property rights were created to ensure that authors and inventors are compensated for their efforts to incentivize the production of further works for the benefit of the public. They combat the free rider problem by giving intellectual property owners a near monopoly over the use of their creations for a set period of time. This allows intellectual property owners to license their intellectual property, and to recover monetarily from those who infringe on their intellectual property rights through piracy or wrongful use. However, intellectual property rights are not absolute, and are subject to a myriad of exceptions and affirmative defenses , such as the fair use doctrine. 

Within the broad category of intellectual property, there are four subcategories of intellectual property: patent ,  copyright ,  trademark , and  trade secrets . 

• In the United States, patents and copyright are regulated exclusively by federal law, as outlined in the Intellectual Property Clause . 
• Trademarks are areas of shared jurisdiction between federal and state governments, with the federal government deriving their power to regulate trademarks through the Commerce Clause . 
• Trade secrets are largely regulated by states through unfair competition laws.

[Last updated in June of 2023 by the Wex Definitions Team ]

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• Personality Rights

What are Personality Rights?

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"Personality rights" generally refers to two types of tort-based rights: the right to privacy and the right of publicity. 

The Right to Privacy

The principle which protects personal writings and any other productions of the intellect or of the emotions , is the right to privacy, and the law has no new principle to formulate when it extends this protection to the personal appearance, says, acts, and to personal relation , domestic or otherwise.

Samuel D. Warren & Louis D. Brandeis, The Right to Privacy , 4 Harv. L. Rev. 193, 213 (1890).

• The right not to have one's personal matters disclosed or publicized; the right to be left alone.
• The right against undue government intrusion into fundamental personal issues and decisions.

The right of privacy encompasses four different interests, which map to four distinct types of invasion of privacy :

Intrusion An encroachment into plaintiff’s physical solitude or seclusion. Public Disclosure of Private Facts The disclosure of private information, even though the information is true, in a way a reasonable person would find objectionable, e.g., disclosing the past of a former prostitute. False Light The publication of information that places plaintiff in a false light, e.g., using a person’s picture in connection with an article in which no reasonable connection exists; nonetheless, with an implication that such a connection exists. Appropriation Use of the plaintiff’s name or likeness for defendant’s benefit without permission.

William L. Prosser, Privacy , 48 Calif. L. Rev. 383 (1960) .

There is significant overlap within the definitions of appropriation and the right of publicity.

The Right of Publicity

Generally, the right of publicity prevents the unauthorized commercial use of an individual's name, likeness, or other recognizable aspects of one's persona . It gives an individual the exclusive right to license the use of their identity for commercial promotion. The right of publicity is often divided into five separate interests:

• Performance One’s prerogative to exclusively perform services through which the individual earns a living.
• Adaptation One’s prerogative to exclusively authorize others to create derivative works personifying the person’s performance either as done by the person or others.
• Personality Products The exclusive exploitation of products based on a person’s name, likeness or image, e.g., posters, motion pictures, stills from motion pictures and even bubblegum cards.
• Endorsement The use of person’s name, likeness, image and reputation in connection with the advertising of goods or services.
• Reputation The protection of one’s reputation against misuse even though the use was otherwise authorized. This right embodies the appreciation that an artist’s past performance has a continuing effect on the artist’s future works.

For a concise history, see Right of Publicity.com .

The Constitution

Neither the Right of Publicity nor the Right to Privacy are explicitly mentioned by the U.S. Constitution, although the Right to Privacy has been held to be inherent within the Fourteenth Amendment, see Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925) , and penumbras of the First, Third, Fourth, Fifth, and Ninth Amendments, see Griswold v. Connecticut (1965) .

In Ohio, the right of publicity is governed by statute O.R.C. § 2741 , which states:

[A] person shall not use any aspect of an individual's persona for a commercial purpose : During the individual's lifetime; For a period of sixty years after the date of the individual's death ; or For a period of ten years after the date of death of a deceased member of the Ohio national guard or the armed forces of the United States.

The statute grants this limited right to Ohio residents ( O.R.C § 2741.03 ), and may be freely transferable and descendible by contract, license, gift, trust, will, or the laws of intestate succession ( O.R.C § 2741.04 ).

For a state-by-state map, see Right of Publicity.com .

• Shulman v. Group W Productions
• Jackson v. Playboy
• Gritzke v. MRA Holding
• Cox Broadcating v. Cohn
• Ross v. Midwest Communications
• Time v. Hill
• Cantrell v. Forest City Publishing
• Spahn v. Julian Messner
• Dresbach v. Doubleday & Co.
• Street v. National Broadcasting
• O’Brien v. Pabst
• Haelan Labratories v. Topps Chewing Gum
• MLK Center for Social Change v. American Heritage Products
• Parker v. LaFace Records
• ETW v. Jirch Publishing
• Zacchini v. Scripps-Howard Broadcasting
• Estate of Presley v. Russen
• Matthews v. Wozencraft
• Hicks v. Casablanca Records
• Polydoros v. Twentieth Century Fox
• Carson v. Here's Johnny Portable Toilets, Inc.
• Vanna White v. Samsung
• Comedy III Productions v. Gary Saderup

For more notable cases, see Right of Publicity.com .

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Example Of Intellectual Property Law Personal Statement

Type of paper: Personal Statement

Topic: Business , Education , Law , Commerce , Copyright Law , Criminal Justice , Experience , Russia

Published: 01/07/2020

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The pursuit of justice, particularly in relation to Intellectual Property Law, made me choose to apply for the law program after school. I was determined this was going to be my area of specialisation. I am particularly interested in copyright and patents, as studying Intellectual Property Law during my Bachelors degree in Russia made me appreciate the issues surrounding copyright and the need for copyright and made me want to study how copyright can be protected. I have research experience in this area, as the theme of my Diploma was about ways to protect authors’ rights, and my final research paper was entitled, “The Ways of Protection Author’s Rights in Russia and Worldwide”, touching on aspects of implementing Intellectual Property Law in Russia. Having worked as a lawyer for years, I realise now how poorly the system of Intellectual Property Right is practically implemented in Russia and how many issues it still has to resolve.

After being involved in the programs offered by the International Business School (Novosibirsk State University of Economics and Management), I moved to New York in 2012, to be able to familiarise myself with the US legal system. Following a brief stay in New York, I moved to California to work with a high-tech start-up company: this has provided me with hands-on experience to learn about the legal system in the US. I believe this experience has been very valuable to me in terms of equipping me with more practical, hands-on, experience of how to implement Intellectual Property Laws. I feel, following my studies and my practical work experience, that I am ready to begin formal training in the US and feel that the program of Technology and Law fully matches my interests. I am interested in this specialisation, in particular, because of its focus on Intellectual Property, Information Privacy and Entertainment Law and because of the law clinics that students can be involved in. I strongly believe that, following my studies in Russia, my research and my work experience, I am fully capable of undertaking research in my chosen area, at my chosen school.

It is my ultimate dream to understand Intellectual Property Law fully so that I can transfer my knowledge back to Russia to improve the regulation of intellectual property here and to perfect its legal system in this regard. I believe that the courses and practical experiences offered during the specialisation would allow me to learn many transferrable skills that I could put to use in Russia. It is my ultimate aim to pursue an academic career as a legal scholar and believe that the practical experience I would gain in the US, during the specialisation, would allow me to attain this dream and to refine Russian law in this area. I particularly like the fact that the specialisation includes law clinics, during which I could gain valuable practical experience as to how to deal with, analyse and then implement Intellectual Property Laws. It is my firm belief that I have, following my studies and my work experience, the necessary academic background and experience to make a success of the specialisation and to be able to transfer the new knowledge I will attain to the legal system in my home country, Russia. I would be honoured if you could review my application and accept me on to the specialisation.

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Personal Statement Sample For Law Applicant

EssayEdge > Blog > Personal Statement Sample For Law Applicant

All applicants must submit a personal statement with the application form. This is your opportunity to present yourself, your background, your experiences, and your ideas to the Admissions Committee. You may want to write about your intellectual interests, your career goals, your achievements, your family background, or your involvement in your community.

“The Transition”

Once in a while I am approached by past research associates who heard that I “got out,” as several of them put it, and who want to know how I handled the switch. Some of them have no idea that people with science backgrounds have options other than research and teaching, and many are discouraged by the thought that they would have to leave their beloved science in other to engage in those activities. Several of them have called me from home to ask these questions, for fear of being overheard at the laboratory.

The first thing I tell them is that there is far more to science than the “bench”. I myself entered the science field as an undergraduate, when I chose to study veterinary microbial genetics. I worked in the laboratory of Dr. William Sischo, an epidemiologist who specialized in number-crunching but who needed technical assistance with field sampling and laboratory work to generate the data. Dr. Sischo instilled in me a strong desire to learn and experiment in genetics. I was fascinated by the many ways genetics can be used to help understand how or why certain biological functions occur, and I wondered how I could use my knowledge of genetics to benefit society.

After I obtained my bachelor of science degree, I went on to graduate school earning a master of science degree part-time while working full-time jobs in a couple of well-establish research institutions. I enjoyed both graduate school and working in the laboratory. I also learned the “correct” career path — an academic position at a respectable research university — was what we were supposed to want out of life. More specifically, academic laboratories were acceptable, but working in industry, even to do research, was generally looked upon as “selling out”. I believe this attitude has relaxed somewhat since then, since grants and jobs have become harder to secure and tenured positions lack the security they once possessed.

It was during my graduate studies that I began to question my goals and the assumptions they were based on. I was becoming increasingly unhappy with the direction my career was heading, and I began to question my abilities and motivation. Finally, when I heard myself mutter out loud “I don’t want to do bench work forever,” I sat up and took notice. I decided that in spite of my training, and even though I still loved science, research was not right for me.

I wanted a career, or at least a job for starters, that valued my graduate degree and training, and that was a better fit for my skills and future ambitions. I decided I would do best with a job that was externally driven either by deadlines or by the needs of others; in addition, I wanted to talk, write, and/or evaluate science as a whole rather than focus on one particular aspect of a research project.

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As a molecular geneticist, I had occasionally interacted with the patent department at SmithKline Beecham Pharmaceuticals in support of my supervisor’s patent applications. They worked on a variety of intellectual property issues in a number of scientific disciplines that were of interest to the company. I realized then that I could make very good use of my science background as a patent attorney.

Earlier this year, I accepted an offer to work as a patent agent in the Corporate Intellectual Properties Department at SmithKline Beecham. The job involves writing and prosecuting patent applications, which in turn requires broad knowledge of both science and law. I soon realized that, in order to become an effective patent practitioner, I must become intimately acquainted with U.S. patent law. Because SmithKline Beecham is an international corporation, I have also learned a great deal about international patent law so that I can assist in foreign prosecution of SmithKline Beecham’s patents. When I first started the job, it occurred to me that my learning curve was a cliff with an overhang, and I was at the bottom looking up.

I was extremely lucky to find a job almost immediately following graduation last January. However, this opportunity was not trouble-free, there were additional risks to consider at the time I made the decision to change. Our company was in the middle of negotiations to merge with another international pharmaceutical company, GlaxoWellcome Pharmaceuticals. As details of the merger were released, we were informed that the majority of the money saved in the merger was going to be invested back into research and discovery. In other words, because of the patent applications that I draft and prosecute, my job as a patent agent will play an essential role in the inventive process in the new company. Daily interaction with inventors keeps me up-to-date with cutting-edge technology in the biotechnology field. As my work progressed, I knew I had made the right decision, and I have never looked back.

In October, I took the complex patent bar examination. My determination to take the examination straight away was to become a registered patent agent before entering law school, so that my academic studies will not suffer while I attempt to balance a career and my education. I am now hoping to complete the career transition over the next four years by attending law school at Villanova University and becoming a patent attorney. A few weeks ago, I was offered the opportunity to move to our new research facility in North Carolina, but declined the offer in hopes of attending Villanova’s law program, which is well respected among the various pharmaceutical companies on the East Coast for its intellectual property education.

Intellectual property is a crucial asset to our company, and I take generating and protecting these assets very seriously. A considerable part of my job involves “translating” science for attorneys and patent law for scientists. I also have to be able to understand a new result quickly enough to grasp what the specific invention is and ask further questions which allow me to distill the invention down to its bare essence. Organization is also key — this is something I learned as a matter of self-preservation, since this is a deadline-driven, and sometimes crisis-driven, job.

I now believe that my job as a patent agent is not a break with the past; rather, it is an exciting, alternative continuation of my career as a scientist. The patent applications that I draft and prosecute make me a critical part of the inventive process at SmithKline Beecham. Furthermore, my interactions with inventors on a daily basis keep me up to date with the latest technology. Not so long ago, when I began research as an undergraduate, I wondered what impact I would have on the development of new scientific knowledge. Through my work as a patent agent, I know that I am a key participant in the promotion of scientific progress.

I still run into acquaintances from my research days who ask me why I “left science”. I am quick to set them straight. I may not get my hands wet, but I use far more of my education and training than I ever did at the bench, and I am very much still in science. I firmly believe my experiences in science and patent prosecution will allow me to be a creative and contributing member of Villanova University, both as a student and as a future attorney representing achievement.

Creating a personal statement isn’t as difficult as it seems. Students usually get stuck when starting and finishing their papers. We can’t help you overcome your mental block — it’s your challenge. However, you can trust your law personal statement editing to us. We’ll finish your work faster than you.

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LLM in Intellectual Property & Technology Law Applicants

USF's  Intellectual Property and Technology Law program  provides a thorough exposure to American, international, and comparative intellectual property law. The program prepares students with practical skills and a strong foundation in legal theory, in order to pursue gainful employment in the United States and abroad.

For Fall 2024, we are still accepting applications. We recommend you apply as soon as possible to ensure a seat in the Fall 2024 class.

Application Requirements

The Admissions Committee reviews files in the order they are completed, on a rolling basis, space permitting. Therefore, it is to the applicant’s advantage to submit the complete application with supporting materials as early as possible. Applicants will be reviewed once all required documents and the application fee have been received.

Applicants will be evaluated on academic and personal criteria. All applicants are automatically considered for Merit scholarship as part of the review by the Admissions committee after a holistic review. A complete list of required application materials can be found in the “Requirements for Admission” Section below.  Please note that all documents that are not in English, including transcripts and letters of recommendation, must be accompanied by an English translation.  In addition, a credential evaluation assessment may be required.

There are two ways to apply to our LLM Programs - Directly through our department or through LSAC.org.  As you review the application requirements below we will highlight the different ways to apply.

If you apply directly through the LLM programs you will need to arrange to have documents sent to us via email or directly to our office at:

LLM and Masters Programs Admissions Office 2130 Fulton Ave, Suite 230 San Francisco, California 94117

1. Application Form

If you are applying directly through our department, you will complete the online Application Form here and submit to us electronically.

In the alternative you may apply Or you may complete the application form online and submit it electronically through the Law School Admission Council (LSAC) . If applying electronically, please do not need to submit a hard copy of your application to the Admissions Office.

If applying electronically, please use the electronic certification function. Unsigned applications will not be transmitted to USF.

All required sections of the application must be completed. Incomplete applications will not be reviewed.

On the application, you may select only one of the following four options under Entering Status:

• International Transactions and Comparative Law (ICL)
• Intellectual Property and Technology Law (IPTL)

2. Education

All applicants are required to have a first degree in law (e.g., JD degree from an American Bar Association accredited law school by the time classes begin; or have completed in a foreign country the university-based legal education required to take the equivalent of the bar examination in that country; or are qualified to practice law in a foreign country; or are otherwise determined sufficiently qualified by the LLM Admissions Committee).

Original transcripts from all colleges and universities you have attended are required.  The transcripts must be sent directly to the USF School of Law Office of LLM Admissions in sealed envelopes by your university. They should be sent to the following address:

LLM and Masters Programs Admissions Office

2130 Fulton Ave, Suite 230

San Francisco, California 94117

The transcripts should show your grades, approximate class rank, and any degree received. If the degree received is not printed on the transcript, you must provide a copy of the diploma certificate. If possible, please provide a grading system explanation sheet from each school. If not in English, transcripts and diplomas must be accompanied by an English translation. The School of Law may require a credential evaluation to be completed as part of the review process.

Applicants can also submit their international transcripts through the LSAC LLM Credential Assembly Service (LLM CAS). This service is included in the LLM CAS subscription fee. An International Credential Evaluation will be completed by the American Association of Collegiate Registrars and Admissions Officers (AACRAO), which will be incorporated into your LLM CAS report. To use the LLM CAS, log in to your online account at LSAC.org and follow the instructions for registering for the service. Be sure to print out a Transcript Request Form for each institution and send it to them promptly.. Questions about the LLM Credential Assembly Service can be directed to LSAC at (215) 968-1001 or [email protected] .

More time is usually required to receive foreign transcripts and applicants should plan accordingly.

3. Personal Statement and Resume/Curriculum Vitae

The Admissions Committee requires that each applicant submit a personal statement to supplement the application form. 

The statement should focus on your reasons for applying to the  LLM program, your preparation for the LLM Program, and career goals. The Committee is interested in your personal experiences, background and accomplishments. Other factors that are helpful to the Committee include co-curricular activities, areas of interest, past or present employment, and university honors. 

A resume or curriculum vitae (C.V.) is  required  It should be current as of your application.

Additional statements may be requested to address issues with an application or to provide additional context for the Admissions Committee.  In addition, applicants are welcome to include a diversity statement.

All documents must be sent as a PDF document. If applying directly to the School of Law your documents can be emailed to [email protected] . If applying electronically via LSAC, your personal statement may be submitted as an electronic attachment.

4. Two Letters of Recommendation

The Admissions Committee requires two (2) letters of recommendation in support of your application. An optional third letter may be submitted, but no more than three (3) letters of recommendation will be considered for one application. Although the Admissions Committee will accept recommendation letters from any two individuals designated by the applicant, the Committee suggests:

• If possible, have the two recommendations completed by law school faculty members (or administrators) with whom you have studied. If you have been away from school for a considerable time, you may wish to substitute other individuals, including supervisors and business colleagues, who whom you have had more contact. 
• Choose individuals who have had substantial and recent opportunity to observe your professional and/or academic promise. Recommendations from people who have not had such opportunity are of little assistance to the Committee and your application.

Letters must be printed on letterhead, signed, and submitted in sealed envelopes. If submitted electronically they should be in PDF format. If not in English, the letters of recommendation must be accompanied by an English translation. 

If applying directly to the School of Law the letters may be emailed to [email protected] directly from your recommender. . Alternatively, they can be mailed  directly to the USF School of Law LLM Office of Admissions.  Applicants applying through LSAC.org may have their recommenders submit their letters directly to LSAC.

5. $70 Application Fee

If you are applying directly through the School of Law, you may pay your application fee by mail.  Please note payment must be in U.S. dollars by check drawn on an American bank or in the form of an international money order payable to the University of San Francisco.

 If you are applying electronically through LSAC, you may pay by credit card. If you are applying electronically and are unable to pay by credit card, you may still submit your application electronically but you must mail the $70 application fee to the USF School of Law Office of LLM Admissions.

1. English Language Requirement

Strong English language ability is a prerequisite to admission. 

For foreign students whose native language is not English, this requirement may be satisfied by

(1) having completed basic legal studies in an English-speaking country in a university where instruction was in English, or 

(2) taking the Test of English as a Foreign Language (TOEFL), or the International English Language Testing System (IELTS), or 

(3) successfully completing the USF LLM English Language Program (ELP).  

The recommended TOEFL score is 90 (iBT) and the IELTS is 7. Applicants with slightly lower scores can also still be considered for admission. Applicants should register to take these tests as early as possible so the scores will be received by the February 1 deadline. Only official TOEFL and IELTS scores from tests taken within two years of your application submission will be valid.

The TOEFL score report must be sent directly to USF by ETS. Use school code number 4792 to ensure the score will be forwarded to the LLM program of the USF School of Law. For information on taking the TOEFL exam, visit www.toefl.org . As an option, applicants that use the LSAC LLM Credential Assembly Service can have the TOEFL report sent directly to LSAC using the code 0058. The score will be forwarded to USF along with an evaluation report of transcripts prepared by LSAC. 

IELTS testing locations and times may be obtained from www.ielts.org .  

2. Certification of Finances 

Foreign applicants (those who are not U.S. Citizens or Permanent Residents) must submit the Certification of Finances Form (also available on our website ) and supporting documents, showing funds covering the nine months of study at the university. Certification may be submitted either with your application or after you are admitted. If an applicant submits the certification and a copy of the passport identity page early and is subsequently admitted, he or she will receive the documentation required to apply for a visa more quickly. Please visit the above website for information on the cost of attendance, tuition, and fees.

Financial Aid

The University of San Francisco School of Law’s LLM Programs award merit based need only.  All applicants are automatically reviewed for  outstanding academic achievement. Since funds are limited, it is to the scholarship applicant's advantage to submit a complete application with supporting materials as early as possible.

In addition, information about external sources of financial aid for international students can be found here . Private loans are generally available for non U.S. citizens, if the student secures a credit-worthy cosigner who is either a U.S. citizen or U.S. permanent resident. Private loan options and details can be found here . Please select ‘Law Student’ when prompted for program type.

U.S. Citizens or Permanent Residents needing financial aid may submit the Free Application for Federal Student Aid (FAFSA) by February 15 for federal aid and scholarship eligibility. Such students may qualify for a Federal Direct Unsubsidized Loan.. Additional federal aid is available through the Federal Direct Graduate PLUS Loan, a credit based loan offered through the federal government. U.S. Citizens or Permanent Residents needing additional financial aid information should visit the law school financial aid website .

Disclosures/Character and Fitness Updates

All applicants are required to complete the disclosure questions in the Character and Fitness section of the Application. USF requires applicants to disclose any issues related to academic probation, suspension, disqualification (particularly from a previous law school). In addition all applicants must disclose any felony or misdemeanor charge, arrest, conviction, or pending adjudication including a DUI (or any alcohol or drug-related offense). This includes any charge, arrest or conviction that may have been dropped or expunged. Information should include the date of each incident, full explanation of the incident, including the name of the charge, and the final disposition of each charge.

In addition, all applicants are required to notify the School of Law if any changes to the information included in their Application for Admission occur after the application has been submitted. In particular, all applicants must immediately notify the Director of Admissions if any new academic probation, suspension, disqualification issues arise, or if any new charge, arrest or conviction of any felony or misdemeanor takes place after submitting the application.

Conviction is any of the following: (1) a plea of guilty or nolo contendere, (2) a verdict or finding of guilt regardless of whether sentence is imposed by the court. The Bar Examiners will receive reports of any such convictions from law enforcement agencies.

Newly admitted applicants are required to immediately submit a detailed written description of new disclosures to the Law School Office of Admissions if an incident occurs AFTER an offer of admission is made and to the Office of the Assistant Dean for Academic Services if an incident occurs AFTER classes begin. Information disclosed after an applicant has been offered admission will automatically result in a re-evaluation of the applicant's file.

Failure to disclose any changes to your application or any of the Character & Fitness information noted above, may result in revocation of your admission decision, dismissal from school, revocation of any degree awarded by USF School of Law, denial of admission to the Bar, and referral to the LSAC Subcommittee on Misconduct and Irregularities in the Admission Process.

Application Materials

All materials and correspondence relating to admission or your Law School application should be directed to the Law School LLM Admissions Office. Once submitted, all materials become the property of the School of Law and will not be returned or copied. Please keep a copy of your application and any supporting documents for your records.

Status Checks

The Office of LLM Admissions utilizes LSAC.org for application status checks for all applicants.   If you do not apply through LSAC, the Office of LLM Admissions will provide login and password information to all applicants regarding an on-line status check.

Applicants will be notified by e-mail once their application is received by USF, when your application file becomes complete, and as soon as an admission decision has been reached. Those who require an early decision may contact the Office of LLM Admissions by telephone or email to confirm the status of their application. All official decision letters will be sent electronically or, by request, via mail or courier service

LLM Programs in International Transaction and Comparative Law & Intellectual Property and Technology Law

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The IP Law Blog

How to perfect a security interest in intellectual property (copyrights, trademarks and patents).

When a creditor provides a loan to a debtor, the debtor will often grant to the creditor a security interest in the debtor’s collateral, including the debtor’s intellectual property. A creditor who receives a security interest in the debtor’s intellectual property, usually by a security agreement, must perfect the security interest so that subsequent purchasers and creditors are on notice of the creditor’s security interest in the collateral. Rules relating to the creation, attachment, perfection and priority of security interests in personal property, including “general intangibles” which include intellectual property, are governed by Division 9 (Secured Transactions) of the California Uniform Commercial Code (“Article 9”), unless federal law preempts Article 9. In order to determine where to perfect a security interest for each type of intellectual property, and since copyrights, trademarks, and patents are all governed by different statutes and case law, it is important to review and analyze not only Article 9 but also the Copyright Act of 1976, 17 U.S.C. § 101 et. seq. (the “Copyright Act”), the Lanham Trademark Act of 1946, 15 § 1051 et. seq. (the “Lanham Act”), and the Patent Act of 1952, 35 U.S.C. § 101 et. seq . (the “Patent Act”).

1.   Article 9 (Secured Transactions – California Uniform Commercial Code)

Article 9, which provides a comprehensive scheme for the regulation of security interests in personal property and fixtures, applies to “a transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract.” California Uniform Commercial Code (“U.C.C.”) §§ 9109(a)(1), 9101 cmt. 1. However, Article 9 does not apply to the extent that a statute, regulation, or treaty of the United States preempts it. Id . § 9109(c)(1). Also, the filing of a financing statement is “not necessary or effective” to perfect a security interest in personal property subject to a “statute, regulation, or treaty of the United States” which provides a national filing system for the perfection of security interests. U.C.C. §§ 9310(b)(3), 9311(a)(1), 9311 cmt. 2. Before analyzing whether the Copyright Act, the Lanham Act, or the Patent Act preempt Article 9 with respect to perfecting a security interest in a copyright, trademark or a patent, as the case may be, it is necessary to review the provisions contained in Article 9 for the creation, attachment, perfection and prioritization of security interests.

• Creation of Security Interest.

A “security interest”—which is an interest in personal property or fixtures which secures payment or performance of an obligation—is created by a “security agreement.” U.C.C. §§ 1201(b)(35), 9102(a)(73). The parties need not draft a separate document entitled “security agreement.” See Komas v. Future Systems , 71 Cal.App.3d 809, 814, 816 (1977). A security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors. U.C.C. § 9201(a). A “security interest” can be created in any “collateral,” which is defined as the property subject to a security interest, including the proceeds to which a security interest attaches. Id . § 9102(a)(12). “General intangibles” is a type of collateral and means any personal property, including things in action, other than types of collateral specifically exempted. Id . § 9202(a)(42). General intangibles include “various categories of intellectual property.” U.C.C. § 9102 Assem. Comm. cmt 5(d).

The security agreement which creates a security interest must sufficiently describe the collateral subject to the security interest, for evidentiary reasons. U.C.C. §§ 9108, 9203, 9108 Assem. Comm. cmt 1. A description of personal or real property in a security agreement is sufficient, whether or not it is specific, if it “reasonably identifies what is described.” U.C.C. § 9108(a). A description of collateral reasonably identifies the collateral if it identifies the collateral by any of the following: (1) specific listing; (2) category; (3) by type of collateral defined throughout the U.C.C., such as general intangibles; (4) quantity; (5) computational or allocational formula or procedure; or (6) any other method, so long as the identity of the collateral is “objectively determinable,” and the description of collateral does not merely state “all the debtor’s assets” or “all the debtor’s personal property.” Id . § 9108(b)-(e). The description of the collateral must “make possible the identification of the collateral described.” Id . §§ 9108, 9108 Assem. Comm. cmt. 2. A security agreement may also create or provide for a security interest in “after-acquired collateral” without requiring the creditor to take any further action—i.e., a “continuing general lien” or “floating lien.” U.C.C. §§ 9204(a), § 9204 cmt. 2.

• Attachment of Security Interest

In order to perfect a security interest in a collateral, the security interest must first attach to the collateral. U.C.C. § 9308(a). A security interest attaches to collateral when it becomes “enforceable against the debtor with respect to the collateral.” Id . § 9203(a). A security interest is enforceable against the debtor and third parties with respect to the collateral only if: (1) value has been given; (2) the debtor has rights in the collateral or the power to transfer rights in the collateral to a secured party, and, (3) the debtor has authenticated (i.e., executed) a security agreement that sufficiently provides a description of the collateral. Id . §§ 9203(b), 9102(a)(7).

• Perfection of Security Interest

Under Article 9, the law of the jurisdiction of the debtor’s location governs the perfection of security interests in both tangible and intangible collateral, whether perfected by filing, automatically (through attachment), possession, or otherwise. U.C.C. §§ 9301, 9301 cmt. 4. A debtor who is an individual is located at the individual’s principal residence. Id . § 9307(b)(1). A registered organization, such as a corporation or a limited liability company, is located in the state under whose law it was organized. Id . §§ 9307(e), 9101 cmt. 4(c). A security interest is perfected if it has attached and if other requirements are met, including the possible filing of a financing statement. Id . §§ 9308(a), 9310(a). However, a financing statement does not need to be filed for security interests that are automatically perfected upon attachment, such as a purchase money security interest in consumer goods, or a sale of a promissory note. Id . §§ 9310(a)(1), 9309(1),(4). Further, a creditor may perfect a security interest in tangible negotiable documents, goods, instruments, money, or tangible chattel paper by taking possession. Id . §§ 9313(a), 9310(a)(6). In fact, a security interest in money may be perfected only by taking possession. Id . § 9312(b)(3). More importantly to this article, the filing of a financing statement is “not necessary or effective” to perfect a security interest in personal property subject to a “statute, regulation, or treaty of the United States whose requirements for a security interest’s obtaining priority over the rights of a lien creditor with respect to the property preempt” the filing provisions contained in Article 9 (i.e., because the federal law provides a national filing system). U.C.C. §§ 9310(b)(3), 9311(a)(1), 9311 cmt. 2. If federal law preempts Article 9 with respect to perfection of a security interest, then a financing statement would not be filed and the creditor would need to record the security interest with the appropriate federal office—i.e., the United States Copyright Office (“Copyright Office”) for filings related to copyrights, and the United States Patent and Trademark Office (“USPTO”) for filings related to patents and trademarks. Case law analyzing whether any of the federal statutes preempts Article 9 with respect to perfection of a security interest in a particular intellectual property is discussed below.

i.               Financing Statement

If federal law does not preempt Article 9 with re spect to perfecting a security interest in a particular intellectual property, a financing statement must be filed in the office of the Secretary of State, unless the collateral is real-estate-related, in which case a filing should generally be made with the county recorder’s office. U.C.C. § 9501. A financing statement must: (1) provide the name of the debtor; (2) provide the name of the secured party or a representative of the secured party; and (3) indicate the collateral covered by the financing statement. Id . § 9502(a)(1)-(3). The financing statement need not be signed by the debtor. Id . § 9502, cmt. 3. A financing statement sufficiently indicates the collateral that it covers if it provides either (1) a description of the collateral similar to that found in the security agreement as set forth above, or (2) an indication that the financing statement “covers all assets or all personal property.” Id . § 9504. A financing statement is effective for a period of 5 years after the date of filing, unless its effectiveness is continued or terminated. Id . §§ 9513, 9515(a). 

ii.              Priority  

When more than one perfected security interest exists, the security interests rank according to priority in time of filing or perfection. U.C.C. § 9322(a)(1). A perfected security interest has priority over an unperfected security interest. Id . § 9322(a)(2). With respect to unperfected security interests, the first security interest to attach has priority. Id . § 9322(a)(3).

2.  Perfecting a Security Interest in Intellectual Property

As a preliminary matter, it should be noted that most courts which have analyzed the proper place to record and perfect a security interest with respect to various types of intellectual property have conducted their analysis under (1) former U.C.C. § 9-104(a) (whether the federal statute governed the rights of parties affected by transactions) and (2) former U.C.C. § 9-302(3)(a) (whether the federal statute provided for national registration or specified a place of filing for a security interest different from that in the former U.C.C.). Under the revised Article 9, the analysis turns to whether the relevant federal statute (1) preempts Article 9 with respect to perfecting a security interest, as set forth in U.C.C. § 9109(c)(1), and (2) provides a national filing system for perfecting security interests, as set forth in U.C.C. § 9311(a)(1)—similar though not entirely the same analysis as was done in the former Article 9. Nonetheless, cases that have been published after the revised Article 9 went into effect have for the most part mirrored their analysis to the former Article 9 standards, and many of the cases have conflated the two issues set forth above into one issue or just analyzed both issues at the same time.

Under the Copyright Act, “copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, ” including literary works, musical works, dramatic works, motion pictures and sound recordings. 17 U.S.C. § 102(a). The Copyright Act confers upon copyright owners the exclusive rights to reproduce the copyrighted work, prepare derivative works based upon the copyrighted work and distribute copies of the copyrighted work to the public by sale or other transfer of ownership. Id . § 106(1)-(3).

The Copyright Act provides that any “ transfer of copyright ownership or other document pertaining to a copyright” may be recorded in the Copyright Office, and further defines a “transfer of copyright ownership” as “an assignment, mortgage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright.” 17 U.S.C. §§ 101, 205(a) (emphasis added). A “hypothecation” means the “‘pledging of something as security without delivery of title or possession.’” Moldo v. Matsco, Inc. ( In re Cybernetic Servs., Inc. ), 252 F.3d 1039, 1056 (9th Cir. 2001), cert. denied , 534 U.S. 1130 (2002) ( quoting Black’s Law Dictionary 747 (7 th ed. 1999)).

Because 17 U.S.C. § 205(a) covers assignments and hypothecations of copyrights (i.e., security interests), it establishes a uniform method for recording security interests in copyrights and preempts Article 9 with respect to perfecting security interests in registered copyrights. Nat’l Peregrine, Inc. v. Capitol Fed. Sav. & Loan ( In re Peregrine Entm’t, Ltd .), 116 B.R. 194, 200-204 (C.D. Cal. 1990). Accordingly, the proper method for perfecting a security interest in a registered copyright is recording the security interest with the Copyright Office in order to give “all persons constructive notice of the facts stated in the recorded document,” rather than filing a financing statement under Article 9. Id . (quoting 17 U.S.C. § 205(c)); see also Aerocon Eng’g, Inc. v. Silicon Valley Bank ( In re World Auxiliary Power Co. ), 303 F.3d 1120, 1128 (9 th Cir. 2002); Morgan Creek Prods., Inc. v. Franchise Pictures LLC ( In re Franchise Pictures LLC ), 389 B.R. 131, 142 (Bankr. C.D. Cal. 2008); In re Avalon Software Inc. , 209 B.R. 517 (Bankr. D. Ariz. 1997). However, the perfection of an unregistered copyright must be done by filing a financing statement with the Secretary of State pursuant to Article 9—not by recording the security interest in the unregistered copyright with the Copyright Office. In re: World Auxiliary Power Company , 303 F.3d at 1128.

The Lanham Act defines a trademark to mean “any word, name, symbol, or device or any combination thereof” used by any person “to identify and distinguish his or her goods . . . from those manufactured or sold by others and to indicate the source of the goods.” 15 U.S.C. § 1127. The Lanham Act also provides registered trademark owners protection against any person who, without the trademark holder’s consent, uses the mark in connection with the sale, distribution or advertising of any goods or services, where such use is likely to cause confusion, mistake, or deception. Id . §§ 1125(a), 1141(1).

The Lanham Act provides that an “assignment shall be void against any subsequent purchaser for valuable consideration without notice, unless the prescribed information reporting the assignment is recorded in the United States Patent and Trademark Office within 3 months after the date of the assignment or prior to the subsequent purchase.” 15 U.S.C. § 1060(a)(4). Unlike the Copyright Act—which governs filings both with respect to assignments and transfer of security interests—the Lanham Act provides only for the recording of an assignment of a trademark with the USPTO, which does not include pledges, mortgages or hypothecation of trademarks. Joseph v. Valencia, Inc. ( In re 199Z, Inc .), 137 B.R. 778, 782 (Bankr. C.D. Cal. 1992) ; 15 U.S.C. § 1060(a)(4).

Trademark cases distinguish between security interests and assignments. Roman Cleanser Co. v. Nat’l Acceptance Co. of Am. ( In re Roman Cleanser Co .), 43 B.R. 940, 944 (Bankr. E.D. Mich. 1984), aff’d , 802 F.2d 207 (6th Cir. 1986) . While a trademark assignment is an absolute transfer of the entire right, title and interest in and to the trademark, the grant of a security interest is not such a transfer. Id . Rather, the grant of a security interest is merely “a device to secure an indebtedness,” or “a mere agreement to assign in the event of a default by the debtor.” Id . Given that the Lanham Act only covers assignments of trademarks and the fact that a security interest in a trademark is not equivalent to an assignment, the filing of a security interest is not covered by the Lanham Act. Id . Thus, the Lanham Act does not preempt Article 9 and the manner of perfecting a security interest in trademarks is governed by Article 9, which means that the secured creditor must file a financing statement with the Secretary of State to perfect the security interest in the trademark. E.g., In re Roman Cleanser Co ., 43 B.R. at 944; In re 199Z, Inc., 137 B.R. at 782 (holding that secured party cannot perfect security interest in trademark by recording with the USTPO); Trimarchi v. Together Dev. Corp ., 255 B.R. 606, 610-11 (D. Mass. 2000) (holding that the Lanham Act does not preempt Article 9); In re Together Dev. Corp ., 227 B.R. 439 (holding that filing of security interest with the USPTO failed to perfect security interest); I n re Chattanooga Choo-Choo Co., 98 B.R. 792 (Bankr. E.D. Tenn. 1989) (holding that the U.C.C., not the Lanham Act, governs recordation of security interests in trademarks); Creditors’ Comm. of TR-3 Indus., Inc. v. Capital Bank ( In re TR-3 Indus .), 41 B.R. 128 (Bankr. C.D. Cal. 1984) . Arguably, if Congress intended to provide a means for recording security interests in registered trademarks—in addition to recording assignments of trademarks—it would have done so, as it did in the Copyright Act with respect to recording security interests in registered copyrights . In re Roman Cleanser Co ., 43 B.R. at 944; In re 199Z, Inc., 137 B.R. at 782.

Nonetheless, although cases uniformly suggest that a security interest in a trademark must be perfected by filing a financing statement with the Secretary of State of the state in which the debtor is located, it is recommended that a recording or filing also be made with the USPTO, especially since the USPTO has no authority to refuse to record a filed document on the ground that it is not a valid assignment. In re Ellison Publications, Inc. , 182 U.S.P.Q. 498, 1974 WL 19944 (Comm’r Pat. & Trademarks 1974). Filing a financing statement with the Secretary of State and recording the security interest with the USPTO will ensure that lien creditors and subsequent lenders and purchasers are all on notice of the security interests.

On a related note, when recording an assignment of a trademark in the USPTO, a creditor should make sure that the trademark is assigned together “with the goodwill of the business in which the mark is used.” 15 U.S.C. § 1060. Because a trademark is merely a symbol of goodwill and it has no independent significance apart from the goodwill it symbolizes, it cannot be sold or assigned apart from the goodwill it symbolizes. Marshak v. Green, 746 F.2d 927 (2d Cir. 1984). A sale of a trademark without its goodwill is an “assignment in gross” and is not a valid assignment. 1 J.

Thomas McCarthy, McCarthy on Trademarks and Unfair Competition , § 18:3 (4th ed. 1996).

The Patent Act grants inventors and discoverers of “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof” the right to obtain a patent, which must be novel and nonobvious. 35 U.S.C. §§ 101-103. The Patent Act protects the inventor or discoverer of the patent who applies for and pursues the patent from infringers who use or sell the patented invention without authority. 35 U.S.C. § 271(a).

The Patent Act provides that an “assignment, grant or conveyance shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, unless it is recorded in the Patent and Trademark Office within three months from its date or prior to the date of such subsequent purchase or mortgage.” 35 U.S.C. § 261. The Ninth Circuit has held that the terms “assignment, grant or conveyance” refer to ownership interests only, and a security interest in a patent that does not involve a transfer of the rights of ownership is a “mere license” and not an “assignment, grant or conveyance” within the meaning of 35 U.S.C. § 261. In re Cybernetic Servs., Inc. , 252 F.3d at 1052. Since 35 U.S.C. § 261 provides that only an “assignment, grant or conveyance shall be void” as against subsequent purchasers and mortgagees, only transfers of ownership interests need to be recorded with the USPTO. Id.  Unlike the Copyright Act, which refers to a transfer of ownership, which is further defined to include any “hypothecation” (i.e., the pledging of something as security without delivery of title or possession), the Patent Act does not refer to hypothecation, or to any security interests. Id . at 1056. The Patent Act does not preempt Article 9 with respect to filing security interests in patents, and a transaction that grants a creditor a security interest in a patent but does not effect a transfer of title or ownership is not the type of “assignment, grant or conveyance” that is referred to in 35 U.S.C. § 261. Id . at 1058. Accordingly, the proper method to perfect a security interest in a patent against subsequent lien creditors is to file a financing statement with the Secretary of State, in accordance with Article 9, rather than to record the interest with the USPTO. Id ; Pasteurized Eggs Corp. v. Bon Dente Joint Venture ( In re Pasteurized Eggs Corp .), 296 B.R. 283, 291-292 (D.N.H. 2003); In re Transportation Design and Technology, Inc ., 48 B.R. 635, 638-639 (Bankr. S.D. Cal. 1985); City Bank and Trust Co. v. Otto Fabric, Inc ., 83 B.R. 780 (D. Kan. 1988); Chesapeake Fiber Packaging Corp. v. Sebro Packaging Corp ., 143 B.R. 360, 369 (D. Md.) 1992). However, such a filing pursuant to Article 9 does not perfect security interests in patents against subsequent bona fide purchasers . In re Transportation Design and Technology, Inc ., 48 B.R. 635, 638-639 (Bankr. S.D. Cal. 1985). In order to properly perfect a security interest in patents against both future lien creditors and subsequent purchasers or mortgagees for value, it is best to file a financing statement with the Secretary of State, and to record the security interest with the USPTO. See Rhone-Poulence Agro, S.A. v. DeKalb Genetics Corp ., 284 F.3d 1323 (Fed. Cir. 2002) (noting that a secured creditor should record the security interest with the USPTO to perfect the security interest against a bona fide purchaser or mortgagee).

In summary, after reviewing Article 9, along with the Copyright Act, the Lanham Act and the Patent Act, and the case law interpreting those statutes, here’s what appears to be the consensus: (1) to perfect a security interest in a registered copyright, the secured creditor must record the security interest with the Copyright Office (2) to perfect a security interest in an unregistered copyright, the secured creditor must file a financing statement with the Secretary of State of the state where the debtor is located, (3) to perfect a security interest in trademark (whether registered or not), the secured creditor must file a financing statement with the Secretary of State of the state where the debtor is located, (4) to perfect a security interest in a patent against subsequent lien creditors , the secured creditor must file a UCC financing statement with the Secretary of State of the state where the debtor is located, and (5) to perfect a security interest in a patent against subsequent bona fide purchasers , the secured creditor must record the security interest with the USPTO. Nonetheless, due to the fact that some of the cases were decided under the former Article 9, and to ensure that the secured creditor is completely protected against subsequent lien creditors and bona fide purchasers, it is recommended that when perfecting a security interest in a copyright, trademark or a patent, that the secured creditor file both a financing statement with the Secretary of State of the state where the debtor is located, and to record the security interest with the Copyright Office (for copyrights) or with the USPTO (for patents and trademarks).

More From Forbes

How to protect your intellectual property.

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So you have a great idea, and you want to know how to protect it. Here is a summary of the various ways to protect intellectual property (“IP”):

1. Trade Secret Laws . One way to protect IP is to rely on the law of trade secrets, which prohibits the disclosure of valuable non-public information by anyone with a fiduciary duty to protect it if reasonable steps are taken to prevent the information from becoming public. This rule applies to current and even former employees, even in the absence of any non-disclosure agreement, although such agreements are helpful evidence of reasonable steps to protect the information. Some states apply the “inevitable disclosure doctrine” to prevent employees from working for a competitor if the new job would almost certainly require disclosure of a prior employer’s trade secrets, and this doctrine should continue to apply in the states that apply it notwithstanding federal or state prohibitions on non-compete provisions.

2. Non-Disclosure Agreements . Another way to protect IP is with non-disclosure agreements, which can effectively expand trade secret law (a) to apply to information that would not qualify as trade secrets and (b) to apply to individuals that do not have a fiduciary duty to not disclose the information. With respect to disclosure of IP, these agreements are limited only by whatever terms the parties agree to.

3. Implied-In-Fact Contract . If someone solicits your brilliant idea, you disclose it with an expectation of payment, and they exploit your idea without paying you, you may have a valid state law claim for fair compensation based on an implied-in-fact contract. This protection applies even if your idea is also protected by copyright (discussed below), since copyright does not preempt contract claims, including implied-in-fact contracts.

4. Misappropriation . Even apart from claiming an implied-in-fact contract, you may have a valid state law claim for misappropriation (or a number of similar state law claims) if someone runs off with your IP. However, if your idea or IP is protected by copyright (discussed below), then you will need to bring a copyright claim due to copyright preemption of misappropriation claims and similar state laws.

5. Copyright . If the IP is an “original work of authorship” that is “fixed in any tangible medium of expression” (such as a screenplay or film), it is protected by copyright. In order to initiate litigation to enforce your rights, you will need to register the work in the U.S. Copyright Office. This protection is not ironclad, however, since the Copyright Act permits third parties to use the “ideas” embodied in a copyrighted work as long as they don’t copy the “expression” of the work, and there is plenty of latitude permitted by the “fair use” defense. Both of these concepts fundamentally boil down to what a judge or jury thinks is fair.

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6. Trademark . If the IP is an image or name used to identify the source of particular goods or services, it can be protected by trademark law to prevent third parties from using the same or similar image or name to identify the source of their goods or services. The purpose of trademark law is to avoid consumer confusion as to the source of goods or services, so it does not prevent use of a trademark by third parties in some other manner, such as a trademark appearing in a scene in a film. A trademark must be used in commerce to be protected; you can’t protect an image or name you would like to use until you actually use it in commerce, but you can reserve a potential trademark for a limited time.

7. Utility Patent . If the IP is a novel, non-obvious invention with a practical application, it can be protected by obtaining a utility patent for it, which grants you the exclusive right to prevent others from making, using, or selling your invention for twenty years, even if the competing invention is independently created.

8. Design Patent . If the IP is an ornamental design of a useful article (like the shape of a Coke bottle or the shape of a Ferrari), it can be protected by obtaining a design patent for it, which grants you the exclusive right to prevent others from making, using, or selling the design (or confusingly similar designs) for fifteen years, even if the competing design is independently created.

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California Law Firms Broaden Intellectual Property Ranks With New Partner Hires

Three new partner hires underscore the Golden State’s growing focus on IP and patent law.

July 05, 2024 at 12:00 PM

4 minute read

Law Firm Hiring

Samson Amore

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• Buchalter, Snell & Wilmer and BraunHagey & Borden all boosted their IP litigation teams in recent weeks.
• 'More companies are taking IP seriously' as they further their IP investments, Snell & Wilmer partner Jason Gersting said.

Three California law firms have hired partners in their intellectual property litigation practices in recent weeks, underscoring companies’ growing need for IP, trademark and patent services. 

There’s increasing demand for intellectual property litigation as companies begin to embrace the importance of protecting their assets, said Jason Gersting, a newly hired partner at Snell & Wilmer. 

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