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Patent Law (LAWS70021)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
February
Lecturer/s
Dr Warwick Rothnie, Coordinator
Ray Hind
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
October
Lecturer/s
Professor Andrew Christie, Coordinator
Ray Hind
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | February October |
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Fees | Look up fees |
For at least 400 years, patent law has been the primary regulatory mechanism for optimising innovation. With more than two million patent applications filed annually around the world, the patent system is both highly complex and of great economic importance. This subject provides the foundational knowledge necessary for a professional understanding of patent law and the patent system. It does so through a combination of instructional sessions and hands-on workshop sessions. These provide students with a detailed understanding of the principles of patent law, with a particular focus on the requirements for the grant of a valid patent, and for infringement of a patent, under Australian and New Zealand law. In the workshop sessions, students apply the principles of patent validity and patent infringement to actual prior art, patent claims and infringing embodiments. Successful completion of this subject satisfies the knowledge requirements specified by the Trans-Tasman IP Attorneys Board (TTIPAB) for Topic Group E: Patent Law.
Principal topics include:
- Rationales for and alternatives to patents
- Trade secrets protection (breach of confidence)
- Patentable subject matter
- Requirements for patentability – novelty, inventive step and utility
- Specification requirements – clarity, support, disclosure and best method
- Fraud, false suggestion and misrepresentation
- Infringement, defences and remedies
- Inventorship, entitlement and ownership
- Duration and commercialisation of patent rights
- Future of the patent system.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the principles of patents and the patents systems in Australia and New Zealand relating to the grant, exercise and exploitation of patents for invention and the protection of undisclosed information outside the patent system, including recent developments in this field of law and practice
- Be able to critically examine, analyse, interpret and assess the effectiveness of these legal rules
- Be an engaged participant in debate regarding emerging and contemporary issues in the field, such as the definition of patentable subject, standards of patentability, the scope of exclusive rights, defences to protection, and the interaction between patents and other areas of legal protection, such as the action for breach of confidence
- Have a sound appreciation of the factors and processes driving governmental and parliamentary revision of the legal framework
- Have an advanced understanding of the situations in which issues relating to the protection, whether by patent or otherwise, of technical innovations made by clients may arise
- Have a an awareness of the legal regimes relating to these areas in an international context
- Have the cognitive and technical skills to generate critical and creative ideas relating to patent law and the law relating to undisclosed information, and to critically evaluate the existing legal principles and policy rationales involved in these forms of protection
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to the protection of patents for invention, including standards of patentability, issues of construction and the availability of second tier forms of protection, such as the “innovation patent”
- Have the communication skills to clearly articulate and convey complex information regarding patent law and the protection of undisclosed information to relevant specialist and non-specialist audiences, including clients
- Be able to demonstrate autonomy, judgment and responsibility as a practitioner and learner in the field of patent law.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
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 Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
- The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
- The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
- The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
- The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
- The ability to work independently and as a part of a group;
- The ability to present orally and in writing legal analysis to a professional standard.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
Last updated: 3 November 2022
Assessment
Additional details
Take-home examination (8,000 words) (100%)
- February class - 5 - 8 April
- October class - 13 - 16 December
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- February
Principal coordinator Warwick Rothnie Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 23 January 2019 Pre teaching requirements 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. Teaching period 20 February 2019 to 26 February 2019 Last self-enrol date 28 January 2019 Census date 20 February 2019 Last date to withdraw without fail 15 March 2019 Assessment period ends 8 April 2019 February contact information
Lecturer/s
Dr Warwick Rothnie, Coordinator
Ray HindEmail: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au - October
Principal coordinator Andrew F. Christie Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 30 September 2019 Pre teaching requirements 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. Teaching period 28 October 2019 to 1 November 2019 Last self-enrol date 4 October 2019 Census date 28 October 2019 Last date to withdraw without fail 22 November 2019 Assessment period ends 16 December 2019 October contact information
Lecturer/s
Professor Andrew Christie, Coordinator
Ray HindEmail: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
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
- Texts
Prescribed texts
Specialist materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Master of Intellectual Property Law Course Master of Laws Course Graduate Diploma in Legal Studies Course Graduate Diploma in Intellectual Property Law Course Juris Doctor - Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022