| Subject Overview: |
Objectives:
A student who has successfully completed this subject should: - Understand and be able to advise on the steps involved in the filing, prosecution and maintenance of an application for patent protection under the Patents Act 1990 (Cth) for local and overseas inventions
- Understand and be able to advise on obtaining overseas patents for local inventions
- Understand and be able to advise on the filing and prosecution of applications under the Patent Cooperation Treaty (PCT)
- Understand the purpose, intent and scope of circuit layout rights protection in the Circuit Layouts Act 1989 (Cth)
- Understand the purpose, intent and scope of plant variety rights protection in the Plant Breeder’s Rights Act 1994 (Cth).
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 United States 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 (Cth))
- Plant breeders’ rights legislation (Plant Breeder’s Rights Act 1994 (Cth)).
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| Assessment: | - Take-home examination (100%) (26–31 August)
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| 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: | P12.507Semester 2NLawLawYNNNParkvillePARKVILLEPatent Practice730-675Prof Sam Ricketson200924 - 26 contact hours per subject.For the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730675Melbourne Law Masters, postgraduate law, post-graduate law, graduate law Objectives:
A student who has successfully completed this subject should: - Understand and be able to advise on the steps involved in the filing, prosecution and maintenance of an application for patent protection under the Patents Act 1990 (Cth) for local and overseas inventions
- Understand and be able to advise on obtaining overseas patents for local inventions
- Understand and be able to advise on the filing and prosecution of applications under the Patent Cooperation Treaty (PCT)
- Understand the purpose, intent and scope of circuit layout rights protection in the Circuit Layouts Act 1989 (Cth)
- Understand the purpose, intent and scope of plant variety rights protection in the Plant Breeder’s Rights Act 1994 (Cth).
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 United States 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 (Cth))
- Plant breeders’ rights legislation (Plant Breeder’s Rights Act 1994 (Cth)).
- Take-home examination (100%) (26–31 August)
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 candidates background and experience.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Successful completion of Patent Law or equivalent. N.A.N.A.Law730-6752 |