Patent Law

Subject LAWS70021 (2010)

Note: This is an archived Handbook entry from 2010.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2010:

February, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable

November, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Coordinator

Prof Andrew F. Christie, Prof Sam Ricketson

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:

Principal topics will include:

  • History of patent protection
  • Rationales for and alternatives to patents
  • Trade secrets protection (breach of confidence)
  • Brief overview of the patent application procedure
  • Requirements for patentable subject matter (including innovation patents)
  • Substantive requirements for patentability (including novelty, inventive step, utility, no secret use etc.)
  • Section 40 objections relating to specifications: Description, claims, fair basis
  • Infringement, defences and remedies
  • Inventorship and ownership
  • Transfer and exploitation of patent rights
  • The impact of competition law
  • Introduction to the international framework of patent protection.
Objectives:

A student who has successfully completed this subject should:

  • Understand the policy issues involved in granting or denying patent protection, and the alternatives to such protection
  • Understand and be able to apply the principles relating to the grant of a valid patent under Australian law
  • Understand and be able to apply the principles relating to the infringement of a patent under Australian law
  • Understand the principles applying to the ownership and exploitation of patents under Australian law
  • Be broadly familiar with the principal steps by which a patent is applied for and granted under Australian law
  • Understand and be able to apply the principles relating to the protection of confidential information and trade secrets under Australian law.
Assessment:

Take-home examination (100%)
Semester 1: 14-19 April
Semester 2: 19-24 January 2011

Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au/

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