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US Patent Law (LAWS90105)
Graduate courseworkPoints: 12.5Not available in 2019
Overview
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This subject provides an in-depth overview of the fundamental principles of US patent law and practice. It is taught by a distinguished former US judge and practitioner who has had extensive practical experience in patent litigation in that country. It will be a subject of immediate interest and benefit to patent attorneys and lawyers who deal regularly with US-based clients.
Principal topics include:
- Patent eligibility, with particular emphasis on biotech and software patents
- Utility
- Anticipation and novelty (both before and under the America Invents Act)
- Non-obviousness, including secondary considerations and specific issues concerning chemical and biotech patents
- The specification and objective disclosure doctrines, claims and indefiniteness
- Prosecution, inventorship, inequitable conduct and post-grant procedures
- Infringement (literal infringement, doctrine of equivalents and indirect infringement)
- Equitable defences and remedies (injunctions, damages).
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the legal principles of US patent law and practice within the context of work, 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 informed observer of debates within the US regarding emerging and contemporary issues in the field, including international and trade issues affecting US law and policy making
- Have a sophisticated appreciation of the factors and processes driving congressional revision of the legal framework
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to US patent law and practice
- Have the communication skills to clearly articulate and convey complex information regarding US patent law and practice to relevant specialist and non-specialist audiences, including practitioners and clients working in non-US jurisdictions
- Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner in non-US jurisdictions to providing advice to clients on issues arising in relation to US patent law that affect clients in those jurisdictions.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: Successful completion of the below subject:
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50029 | Contracts | Semester 2 (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) (100%)
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
Not available in 2019
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
- Texts
Prescribed texts
Specialist printed 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:
- Links to additional information
law.unimelb.edu.au
- 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