Intellectual Property Law Survey: Drafting

Professor Grimmelmann

University of Maryland

Fall 2014


Students enrolled in the Intellectual Property Survey can simultaneously enroll in this 1-credit drafting component. The course will cover the rudiments of intellectual property transactions. Students will practice researching, negotiating, and drafting common intellectual property documents; examples may include licenses, nondisclosure agreements, and cease-and-desist letters. The coverage and schedule will be linked to the IP Survey.

This course is not a substitute for an intensive course on drafting and licensing, or for the IP Clinic. It is intended to enrich the IP Survey by connecting the coverage to common issues that attorneys regularly confront in practice.


You will need Robert W. Gomulkiewicz, Xuan-Thao Nguyen, and Danielle M. Conway, Licensing Intellectual Property: Law and Application (2nd ed. 2011) (“Casebook”). we will read almost all of Part One, and selections from the remainder of the book. I regret the high price of the casebook. If the cost will be a financial hardship for you, please contact me.

I have seen suggestions that a new edition may be published shortly. Do not buy it! Obtain a copy of the second edition.

Additional readings will be posted to Blackboard.

Class Meetings

We meet Thursdays 10:55 to 11:50 in room 405. (Note that this immediately follows the IP Survey on Thursdays).

Class time will be devoted a mixture of lecture, simulation (e.g. of negotiation over a license), and discussion of drafts.

Tentative Syllabus

When an assignment for a class meeting is “due,” that means you must email it to me by noon the day before class. I will circulate to the whole class once I have received everyone’s drafts.

Part I: Understanding IP Licenses

August 28: Licensing overview

September 4: Licensing issues

September 11: License reading and counseling

September 18: License drafting I

September 25: License drafting II

Part II: Practice Makes Perfect

October 2: Patent licensing problem: introduction

October 9: Patent licensing problem: discussion. First drafts due.

October 16: Patent licensing problem: more discussion. Final drafts due.

October 23: Employment agreement negotiation problem: introduction

October 30: Employment agreement negotiation problem: in-class negotiation. Position statements due.

November 6: Employment agreement negotiation problem: discussion. Final contracts due.

November 13: Trademark demand letter problem: introduction

November 20: Trademark demand letter problem: discussion. Letters due.


There will be several take-home drafing assignemnts during the semseter, some of which may require multiple drafts. Two-thirds of the course grade will be based on your drafting work, including your incorporation of feedback. The remaining third will be based on class participation, particularly the simulations. There is no exam.


Office: Room 231
Phone: (410) 706-7260
Email: jgrimmelmann at
Office hours: Wednesdays, 9:30 to 11:00 AM

Email is the best way to reach me and will generally lead to the fastest response.