CREATE Law Clinic

As a student in the USPTO Trademark Program, you’ll guide real entrepreneurs and creators through the full trademark process. You’ll conduct clearance searches, file U.S. trademark applications, respond to Office Actions, and even work on disputes before the Trademark Trial and Appeal Board.

Your USPTO Recognition:

Through the USPTO’s Law School Clinic Certification Program, you’ll earn limited recognition to practice before the USPTO under faculty supervision. That means you can file applications and be listed as an attorney of record, while still having the guidance of an experienced faculty mentor.

Students and faculty have recently worked on: Complex trademark issues, including complicated risk analyses and drafting creative responses to hard office action; enforcement and settlement; and representing clients in TTAB actions in order to protect clients’ rights.

The CREATE Law Clinic has worked with various artists, musicians, authors, digital content providers, fintech providers, non-profits, food and food service providers, clothing providers, a biotech company that specializes in rapid testing for STIs, a foundation bringing awareness to LGBTQ+ rights through fundraising and education, and various other educators & advocates in helping them protect their brands.

In the USPTO Patent Program, you’ll help inventors and small businesses protect their innovations. You’ll conduct patentability searches, draft U.S. patent applications, and respond to USPTO Office Actions.

Your USPTO Recognition:

If you have a background in science, engineering or even art/graphic design, as specified by USPTO, you can qualify for limited recognition to practice before the USPTO in patent matters. Under close faculty supervision, you’ll file applications and be named as an attorney of record. You’ll gain hands-on patent prosecution experience while serving real clients.

Recent projects include successful patent registrations for: an aircraft with removable pod and wing for transporting cargo on pallets; an aircraft yoke mount device holder; a ground accessible IOT base and block with enclosures; and a movable desk with adjustable lift and tilt.

Startups and biotech firms conduct freedom-to-operate studies, an IP analysis that helps determine whether a product can be developed and marketed without infringing on existing patent rights of other parties. CREATE Law Clinic students work on such assessments with renowned patent attorney and USF Law alumnus Vern Norviel, Wilson Sonsini partner emeritus and head of the patents and innovation counseling practice.

At the conclusion of their work, students write presentations summarizing their findings.

If you’re passionate about protecting art and creativity, this is where you’ll shine. You’ll assist artists, musicians, and creators with copyright registration, licensing agreements, fair use opinions, cease-and-desist letters, and cutting-edge issues like AI-generated works.

Your Client Representation:

Through a partnership with the U.S. Copyright Office’s Copyright Claims Board (CCB) Pro Bono Assistance Program, you’ll also have the opportunity to represent creators in small-claims copyright disputes. You’ll expand access to justice for artists while building your own advocacy skills.

Students and clinical staff have recently: Successfully obtained copyright registrations for a local Bay Area musician’s full portfolio of music spanning over the last 30 years; registered copyrights for several documentary films, and assisted in combating rampant infringement of a local Bay Area artist’s work. Students and faculty are currently assisting a non-profit to untangle a complex history of contracts and agreements in order to secure proper agreements to obtain copyright ownership.

In today’s online world, businesses and creators need guidance and protection. You’ll help clients navigate the digital landscape by reviewing websites and apps for privacy and compliance, advising on influencer and NIL agreements, counseling on right-of-publicity issues, and supporting domain name strategies. You’ll be on the front lines of the law where technology and creativity meet.

CREATE Law Clinic students and faculty are currently advising on and drafting a privacy policy for a start-up platform that uses AI to connect influencers with brands. The Clinic also recently helped advise on publicity rights in connection with a memoir of a well-known local photographer.

Startups and entrepreneurs need solid legal foundations to grow. You’ll draft and review essential contracts, from IP assignments and licensing agreements to NDAs and influencer contracts. You’ll also advise on open-source and Creative Commons licensing, helping young ventures innovate with confidence.

Current projects include supporting a non-profit foundation by advising on copyright licensing issues, such as which Creative Commons license is a best fit for third party licensing. The Clinic recently helped advise open source licensing in connection with a gerrymandering database published on Github.

Your impact will extend beyond individual clients. You’ll lead workshops and trainings for artists, nonprofits, and small businesses on IP basics, digital law, and compliance. By partnering with local startup incubators, the clinic also provides tailored trainings, helping to empower creators and entrepreneurs with the legal literacy they need to thrive.

Recent initiatives include an Artists’ Rights Clinic at Kearny Street Workshop, the longest standing Pacific Asian Artists rights collective in the nation. The Clinic has received funding to continue these Artists’ Rights Workshops for artists and makers in the age of AI.