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Interpretation and Validity of Patents (LAWS70061)

Graduate coursework level 7Points: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
August
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Reading and interpreting patent specifications is a central part of a patent attorney’s daily practice. It is also a critical feature of any patent litigation where both sides will be competing for alternative interpretations that favour their client. This subject is intended to hone these skills of analysis and interpretation, working on the basic legal principles that students seeking Professional Standards Board (PSB) accreditation have already obtained through their study of patent law and patent practice. It is taught by experienced attorneys and litigators, and meets the PSB requirements for Topic Group H.

This subject will be conducted with 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 and New Zealand patent specification and in the application of Australian and New Zealand patent law.

Principal topics include:

  • The validity of an Australian or New Zealand patent or patent application under the provisions of Australian and New Zealand laws concerned with support, sufficiency of description and utility
  • The validity of an Australian and New Zealand patent or patent application in the light of prior art information supplied, including through prior published specifications and prior user
  • The scope for making amendments of patent applications
  • The infringement of an Australian or New Zealand patent by a competitor’s product or process.

Intended learning outcomes

A student who has successfully completed this subject will:



  • Have an advanced and integrated understanding of the principles and rules of Australian and New Zealand patent law relating to the reading and interpretation of patent specifications, with particular regard to issues of validity over prior art, amendment (where relevant) and infringement
  • Be able to critically examine, analyse, interpret and assess the application and effectiveness of these principles and rules
  • Be an engaged participant in debate regarding emerging and contemporary issues in the field of interpretation of patent specifications
  • Have an awareness of the factors and processes influencing governmental and parliamentary revision of the relevant legal framework, including recent initiatives to align Australian and New Zealand patent laws more closely with the patent laws of important trading partners
  • Have the cognitive and technical skills to independently examine, analyse and interpret patent specifications and to advise clients on issues of validity, amendment and infringement
  • Have the communication skills to clearly articulate and convey complex information regarding these matters to relevant specialist and non-specialist audiences, in particular to clients
  • Be able to demonstrate autonomy, judgement and responsibility as a practitioner and learner in this field.

Last updated: 3 November 2022

Eligibility and requirements

Prerequisites

Successful completion of the below subject, or equivalent subject:

Code Name Teaching period Credit Points
LAWS70021 Patent Law
February (On Campus - Parkville)
October (On Campus - Parkville)
 12.5

Corequisites

None

Non-allowed subjects

None

Recommended background knowledge

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

Inherent requirements (core participation requirements)

The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.

Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home

Last updated: 3 November 2022

Assessment

Additional details

8-hour take home examination (4,000 to 5,000 words) (100%) (1 December)

A minimum of 75% attendance is a hurdle requirement.

Last updated: 3 November 2022

Quotas apply to this subject

Dates & times

  • August
    Principal coordinatorSam Ricketson
    Mode of deliveryOn Campus (Parkville)
    Contact hours24-26 hours
    Total time commitment150 hours
    Pre teaching start date12 July 2017
    Pre teaching requirementsThe pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School.
    Teaching period 9 August 2017 to 20 October 2017
    Last self-enrol date30 June 2017
    Census date11 August 2017
    Last date to withdraw without fail13 October 2017
    Assessment period ends 1 December 2017

    August contact information

    Lecturers

    Mr Ben Fitzpatrick
    Mr Ray Hind
    Mr Justin Negler
    Dr Jenny Petering

    Melbourne Law School contact: Professor Sam Ricketson

    Email: law-masters@unimelb.edu.au
    Phone: +61 3 8344 6190
    Website: law.unimelb.edu.au

Time commitment details

The total time commitment is 136-150 hours. The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.

Additional delivery details

This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.

Last updated: 3 November 2022

Further information

Last updated: 3 November 2022