Patent Law

Subject LAWS70021 (2011)

Note: This is an archived Handbook entry from 2011.

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

This subject has the following teaching availabilities in 2011:

May, 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: Not available
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.

Contact

For more information, contact the Melbourne Law Masters office.

Email law-masters@unimelb.edu.au or phone +61 3 8344 6190.

Alternatively, visit our 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 and no secret use)
  • Section 40 objections relating to specifications: Description, claims and 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:

Visit the Melbourne Law Masters website for more information about this subject.
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date

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