Patent Practice

Subject 730-675 (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:

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: Note

This subject is primarily directed to candidates seeking qualification as Patent Attorneys.

Prerequisites

Successful completion of Patent Law, or the equivalent


Faculty contact

Professor Sam Ricketson
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Prof Sam Ricketson
Subject Overview:

Objectives:

A candidate who has successfully completed the subject should:

  • Understand and be able to advise upon the principal steps involved in the filing, prosecution and maintenance of an application for patent protection under the Patents Act 1990 for local inventions and for inventions originating from overseas
  • Understand and be able to advise upon the obtaining of overseas patents for local inventions
  • Understand and be able to advise upon the filing and prosecution of applications filed under the Patent Cooperation Treaty (PCT)
  • Understand the purpose, intent and scope of circuit layout rights protection as embodied in the Circuit Layouts Act 1989
  • Understand the purpose, intent and scope of plant variety rights protection as embodied in the Plant Breeders Rights Act 1994.

Syllabus:

Principal topics will include:

  • Patent legislation and practice in Australia
  • Patents Acts of 1952 and 1990: Standard patents; petty patents; innovation patents
  • Kinds of patent application: Provisional; complete; standard; petty; divisional; patent of addition; convention; innovation
  • Patent application filing and prosecution: Searching; filing; examination; opposition: grounds, practice and procedures; grant; re-examination
  • Amendment of patent specifications and other documents: Allowable amendments; clerical errors; obvious mistakes
  • Duration of patent protection: Continuation and renewal fee requirements; lapsing and cessation; restoration of rights; extensions of term for pharmaceutical patents
  • The Register of Patents: Recordal of assignments, licences, mortgages and changes of name; amendments to the Register
  • International Conventions and Agreements
  • Patentability overseas
  • Basic considerations of US and European patent law
  • Applications under the Patent Cooperation Treaty; filing applications; entry of national and regional phase
  • Circuit Layouts legislation
  • Circuit Layouts Act 1989
  • Plant Breeders Rights legislation and the Plant Breeders Rights Act 1994.
Assessment:
  • Examination 4 hours (100%) (5 September, pm)
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: 730-675Patent PracticeMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008

Objectives:

A candidate who has successfully completed the subject should:

  • Understand and be able to advise upon the principal steps involved in the filing, prosecution and maintenance of an application for patent protection under the Patents Act 1990 for local inventions and for inventions originating from overseas
  • Understand and be able to advise upon the obtaining of overseas patents for local inventions
  • Understand and be able to advise upon the filing and prosecution of applications filed under the Patent Cooperation Treaty (PCT)
  • Understand the purpose, intent and scope of circuit layout rights protection as embodied in the Circuit Layouts Act 1989
  • Understand the purpose, intent and scope of plant variety rights protection as embodied in the Plant Breeders Rights Act 1994.

Syllabus:

Principal topics will include:

  • Patent legislation and practice in Australia
  • Patents Acts of 1952 and 1990: Standard patents; petty patents; innovation patents
  • Kinds of patent application: Provisional; complete; standard; petty; divisional; patent of addition; convention; innovation
  • Patent application filing and prosecution: Searching; filing; examination; opposition: grounds, practice and procedures; grant; re-examination
  • Amendment of patent specifications and other documents: Allowable amendments; clerical errors; obvious mistakes
  • Duration of patent protection: Continuation and renewal fee requirements; lapsing and cessation; restoration of rights; extensions of term for pharmaceutical patents
  • The Register of Patents: Recordal of assignments, licences, mortgages and changes of name; amendments to the Register
  • International Conventions and Agreements
  • Patentability overseas
  • Basic considerations of US and European patent law
  • Applications under the Patent Cooperation Treaty; filing applications; entry of national and regional phase
  • Circuit Layouts legislation
  • Circuit Layouts Act 1989
  • Plant Breeders Rights legislation and the Plant Breeders Rights Act 1994.
  • Examination 4 hours (100%) (5 September, pm)
Note

This subject is primarily directed to candidates seeking qualification as Patent Attorneys.

Prerequisites

Successful completion of Patent Law, or the equivalent


Faculty contact

Professor Sam Ricketson

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 Sam RicketsonLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730675P12.500Semester 2NLawLaw730-675

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