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Patent Practice (LAWS70060)
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
July
Lecturers
Mr David Tadgell, Coordinator
Mr Steve Gledhill
Dr John Landells
Ms Karen Sinclair
Dr Mark Summerfield
Mr David Webber
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | July |
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Fees | Look up fees |
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: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of the below subject, or an equivalent subject, or appropriate practical experience in this field:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70021 | Patent Law |
October (On Campus - Parkville)
February (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 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 (5,000 - 6,000 words) (100%) (30 August - 2 September)
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- July
Principal coordinator David Tadgell Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 10 June 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 8 July 2019 to 12 July 2019 Last self-enrol date 14 June 2019 Census date 8 July 2019 Last date to withdraw without fail 2 August 2019 Assessment period ends 26 August 2019 July contact information
Lecturers
Mr David Tadgell, Coordinator
Mr Steve Gledhill
Dr John Landells
Ms Karen Sinclair
Dr Mark Summerfield
Mr David WebberEmail: 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 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 - 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