"John, who created the original course content, explained how the exam evolved from being a "history test" to a more dynamic reflection of current patent law practice. He pointed out that despite these changes, the exam cannot always keep pace with the rapid shifts in policy and practice, leading to discrepancies between what practitioners expect and what the patent bar exam includes."
"Our conversation took a deep dive into the challenges of aligning the patent bar exam with contemporary practice. John underscored the irony of testing students on outdated topics, such as using fax machines in a digital age, and how these can often mislead examinees. I lament the fact that the patent bar exam does not test those things that a new patent practitioner is most likely to find themselves doing, like drafting applications and patent claims."
"This week on IPWatchdog Unleashed, I was joined by my longtime friend John White, who is the the creator of the patent bar review course I've taught for almost 27 years. Together we explore the intricate and ever changing patent landscape. First, we begin by discussing the bar exam and how it is changing, then we pivot to the evolving role of AI in patent law more generally."
The patent bar exam evolved from a history-focused test to a more dynamic reflection of current patent law practice, yet it often fails to keep pace with rapid policy and practice shifts. Testing sometimes emphasizes outdated topics, like fax machine procedures, which can mislead examinees. Practical tasks such as drafting applications and patent claims receive insufficient emphasis on the exam. High-stakes procedures like inter partes review raise questions about appropriate exam content. The evolving role of AI in patent law introduces additional complexity for practitioners and underscores the need for updated training and assessment aligned with modern practice.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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