On Demand Audio

The Patent Process: What Non-IP Lawyers Need to Know (Update)

(310 reviews)

Produced on May 04, 2020

Taught by
$ 59 Intellectual Property, Business, Corporate, & Securities, and Patent In Stock
Get started now

$299 / year - Access to this Course and 1,500+ Lawline courses


Course Information

Time 1h 2m
Difficulty Intermediate

Course Description

One area of law that most lawyers do not have any experience with is patent law, and in particular, the patent prosecution process. Patent prosecution requires a special license, which in turn requires passing its own exam, and an undergraduate degree in science or engineering. Because it is such a specialized area of practice, with about only 40,000 active practitioners in the U.S., most law schools do not offer much in the way of course work in this area.

However, it is not unusual for an attorney who has no background in patent prosecution to litigate a patent infringement case, negotiate a settlement or a licensing agreement, or determine the value of patents during merger and acquisition activities. These attorneys need to know what vulnerability a patent may have as the result of the prosecution process. Lawyers who practice business or corporate law, trusts and estates, tax, bankruptcy, and even family law are confronted with issues of invention, patenting, patent validity, and patent ownership. 

In this program, Pat Werschulz of Werschulz Patent Law, LLC, outlines the patent process, reviews the relevant governing statutes and shows how clients without proper guidance may end up losing their patent rights permanently. 

Learning Objectives:

  1. Review the statutory requirements for obtaining a patent
  2. Discuss who may apply for a patent and who may own a patent
  3. Map the pathway from invention to a patent for both US and foreign countries
  4. Identify possible limiting or invalidating actions that might occur during the patent prosecution process
  5. Assess the importance of contractual agreements throughout the process

Credit Information

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .


Patricia Werschulz

Werschulz Patent Law, LLC

Pat Werschulz is an intellectual property lawyer and a registered patent attorney with many years of industrial experience in product development and manufacturing. Prior to entering law practice, Pat was a chemist in the pharmaceutical industry, holding positions from bench chemist to Research Director.

She chose intellectual property law, as a second career because of a long-held fascination with patents and trademarks. After spending decades in the pharmaceutical industry working with patents, either researching for submission in new patent applications or developing a non-infringing alternate to a competitor’s patent, she wanted to help others file their own applications.

Pat’s patent practice has not been limited to just life sciences, but also includes a wide range of industrial consumer products. She has helped clients obtain patents in a wide range of art, from clothing to automobile parts, from baby accessories to sporting equipment.

Ms. Werschulz received her B.S. degree in Chemistry from Chatham College of Pittsburgh, her M.B.A from Fordham University and her J.D from Rutgers School of Law–Newark. Ms. Werschulz has a history of academic excellence, receiving the ABA/BNA Award for Excellence in Intellectual Property Law at Rutgers, the Dean’s Award for Academic Excellence at Fordham, graduating with the highest G.P.A. in her class and the American Chemical Society Outstanding Senior Chemistry Major as an undergraduate.


Maria M.

I found the May the 4th joke endearing.

David G.

Very nice overview.

Fiona D.

Jam packed with information - basic and well presented

Linda R.

Sharing your personal experience was effective and a good lesson for us all.

James E H.

A good primer, as described. Thank you!

Ahban S.

This was a great course.

Antoine M.

Infrormative general presentation

James S.

Very interesting. A bit high on jargon for novices, but still useful -- and the materials will be a good resource too.

Jeremy S.

Thank you

Load More