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Fundamentals of Patent Drafting (LAWS70387)

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

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Overview

Availability(Quotas apply)
February
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This subject teaches students the fundamental principles and basic skills of drafting patent specifications. It does so through a combination of in-class instruction sessions on a range of topics, in-class drafting exercises with review sessions, and out-of-class drafting exercises with tutorial review sessions. Students are assessed by two practical assessment tasks, undertaken individually outside the classroom. Passing the subject will satisfy the knowledge requirements specified by the Professional Standards Board for Patent and Trade Marks Attorneys for Topic Group G: Drafting patent specifications. The lecturers for this subject include two practising patent attorneys with substantial experience teaching drafting skills.

Principal topics include:

  • History and nature of specifications and claims
  • Approaches to claim drafting
  • Interpreting claims
  • Drafting basic claims
  • Drafting product claims with reference to prior art
  • Drafting process and method claims
  • Preparing a description
  • Consequences of drafting.

Intended learning outcomes

A student who has successfully completed this subject will:



  • Have an advanced and integrated understanding of the role of the components of a patent specification
  • Be able to critically examine, analyse, interpret and assess the meaning of claims in the context of a patent specification
  • Be an engaged participant in debate regarding approaches to claim drafting
  • Have a sophisticated appreciation of the principles and policies that underlie judicial interpretation of claims
  • Have an advanced understanding of how to draft a patent specification
  • Have the cognitive and technical skills to draft a patent specification for a simple mechanical invention
  • Have the communication skills to clearly articulate and convey complex information regarding the role of the components of a patent specification to relevant specialist and non-specialist audiences, including clients
  • Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of patent drafting.

Last updated: 3 November 2022

Eligibility and requirements

Prerequisites

Successful completion of the below subject or an 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

  • Take-home examination (5,000 - 6,000 words) (25%) (21 - 24 April 2017)
  • 4-hour supervised examination (75%) (21 July 2017, am)

A minimum of 75% attendance is a hurdle requirement.

Last updated: 3 November 2022

Quotas apply to this subject

Dates & times

Time commitment details

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