Patent Law

Subject 730-625 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points: 12.500
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2008:

Summer Term, - 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

Semester 2, - 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: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidate's background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Prof S Ricketson Prof A Christie
Subject Overview:

Objectives:

A candidate who has successfully completed the subject should:

  • Understand the policy issues involved in the granting or denying of 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.

Syllabus:

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.
Assessment:
  • Take-home examination (100%)
    • Semester 1: 12-17 March
    • Semester 2: 14-19 January 2009
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-625Patent LawMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008

Objectives:

A candidate who has successfully completed the subject should:

  • Understand the policy issues involved in the granting or denying of 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.

Syllabus:

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.
  • Take-home examination (100%)
    • Semester 1: 12-17 March
    • Semester 2: 14-19 January 2009
N.A.N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidate's background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Prof S Ricketson Prof A ChristieLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730625P12.500Summer, Semester 2NLawLaw730-625

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