Interpretation and Validity of Patents

Subject 730-676 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

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

This subject has the following teaching availabilities in 2009:

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 candidates background and experience.
Prerequisites:

Successful completion of Patent Law and Patent Practice or equivalent.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Mr Geoff Mansfield
Subject Overview:

Objectives:

A student who has successfully completed this subject should:

  • Understand how to read and interpret a patent specification
  • Be able, on the basis of this understanding, to advise clients on the issue of validity over given prior art, the requirements of section 40 of the Patents Act 1990 (Cth) and other relevant grounds of invalidity and, where relevant, to advise on issues of amendment
  • Be able, on the basis of this understanding, to advise clients on infringement issues relating to the patent in question
  • Be able to present reasoned argument on the above matters, both in writing and orally
  • Have enhanced their skills of case and statutory analysis.

Syllabus:

This subject will be conducted by way of a number of case studies carried out by a team of practitioners to develop skills in the application of the rules of interpretation to an Australian patent specification and in the application of Australian patent law in the assessment of:

  • The validity of an Australian patent or patent application under the provisions of section 40
  • The validity of an Australian patent or patent application in the light of prior art information supplied, including prior published specifications and prior user
  • The infringement of an Australian patent by a product or process.
Assessment:
  • Examination 4 hours (100%) (11 December, 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: P12.507Semester 2NLawLawYNNNParkvillePARKVILLEInterpretation and Validity of Patents730-676Mr Geoff Mansfield200924 - 26 contact hours per subject.For the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730676Melbourne Law Masters, postgraduate law, post-graduate law, graduate law

Objectives:

A student who has successfully completed this subject should:

  • Understand how to read and interpret a patent specification
  • Be able, on the basis of this understanding, to advise clients on the issue of validity over given prior art, the requirements of section 40 of the Patents Act 1990 (Cth) and other relevant grounds of invalidity and, where relevant, to advise on issues of amendment
  • Be able, on the basis of this understanding, to advise clients on infringement issues relating to the patent in question
  • Be able to present reasoned argument on the above matters, both in writing and orally
  • Have enhanced their skills of case and statutory analysis.

Syllabus:

This subject will be conducted by way of a number of case studies carried out by a team of practitioners to develop skills in the application of the rules of interpretation to an Australian patent specification and in the application of Australian patent law in the assessment of:

  • The validity of an Australian patent or patent application under the provisions of section 40
  • The validity of an Australian patent or patent application in the light of prior art information supplied, including prior published specifications and prior user
  • The infringement of an Australian patent by a product or process.
  • Examination 4 hours (100%) (11 December, pm)
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 and Patent Practice or equivalent.

N.A.N.A.Law730-6762

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