Interpretation and Validity of Patents (LAWS70061)

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 Trans-Tasman IP Attorneys Board (TTIPAB)accreditation have already obtained through their study of patent law and patent practice. It is taught by experienced attorneys and litigators, and meets the TTIPAB 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 patent specifications and in the application of Australian and New Zealand patent laws.

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.