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This subject follows on from Patent Law (which is a prerequisite) and provides students with the basic knowledge and skills required for the filing, prosecution and maintenance of an application for protection under the Patents Act 1990 (Cth) for both local and international inventions. The lecturers are an expert team of experienced patent attorneys and the subject meets the Trans-Tasman IP Attorneys Board (TTIPAB) requirements for ‘Topic Group F: Patent Practice’.
This subject will include relevant aspects of New Zealand practice.
Principal topics include:
- Patent legislation and practice in Australia
- Patents Acts of 1952 and 1990: standard patents; innovation patents
- Kinds of patent application: provisional, complete, standard, divisional, patent of addition, convention and innovation
- Patent application filing and prosecution: searching, filing, examination, opposition, grounds, practice and procedures, grant and re-examination
- Amendment of patent specifications and other documents: allowable amendments, clerical errors and obvious mistakes
- Duration of patent protection: continuation and renewal fee requirements, lapsing and cessation, restoration of rights and extensions of term for pharmaceutical patents
- The Register of Patents: recordal of assignments, licences, mortgages and changes of name and amendments to the Register
- International conventions and agreements
- Patentability overseas
- Basic considerations of United States and European patent law
- Applications under the Patent Cooperation Treaty, filing applications and entry of national and regional phase
- Circuit layouts legislation (Circuit Layouts Act 1989 (Cth))
- Plant breeder's rights legislation (Plant Breeder‘s Rights Act 1994 (Cth))
- New Zealand patent practice (relevant issues).
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the filing, prosecution and maintenance of applications for patent protection under the Patents Act 1990 (Cth) for local and overseas inventions
- Have an advanced and integrated understanding of the filing and prosecution of patent applications under the Patent Co-operation Treaty (PCT)
- Have the cognitive and technical skills to advise on the obtaining of overseas patent protection for local clients
- Have the cognitive and technical skills to research and apply established principles to the filing and prosecution of patent applications in Australia and overseas, particularly USA and Europe
- Have the cognitive and technical skills to critically examine, analysis, interpret, apply and assess Australian patent law in relation to complex issues
- Have the communication skills to clearly articulate and convey knowledge, skills and ideas in the field of patent law to specialist and non-specialist audiences
- Be able to understand the purpose, intent and scope of circuit layouts rights protection in the Circuit Layouts Act 1989 (Cth)
- Be able to understand the purpose, intent and scope of plant variety rights protection in the Plant Breeders Rights Act 1994 (Cth)
- Be able to demonstrate autonomy, expert judgement, and responsibility as a practitioner or learner in the field of patent law.
Last updated: 6 December 2019