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Interpretation and Validity of Patents (LAWS70061)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
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About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
August
Lecturers
Ben Fitzpatrick (Coordinator)
Roger Green
Dr Jenny Petering
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | August |
---|---|
Fees | Look up fees |
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 Australian and New Zealand patents and patent applications under the provisions of Australian and New Zealand laws concerned with support, sufficiency of description and utility
- The validity of Australian and New Zealand patents and patent applications in the light of prior art information supplied, including through prior published specifications and prior user
- The scope for making amendments to patent applications
- The infringement of Australian and New Zealand patents by a competitor's product or process.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the principles and rules of Australian and New Zealand patent law relating to the reading and interpretation of patent specifications, with particular regard to issues of validity over prior art, amendment (where relevant) and infringement
- Be able to critically examine, analyse, interpret and assess the application and effectiveness of these principles and rules
- Be an engaged participant in debate regarding emerging and contemporary issues in the field of interpretation of patent specifications
- Have an awareness of the factors and processes influencing governmental and parliamentary revision of the relevant legal framework, including recent initiatives to align Australian and New Zealand patent laws more closely with the patent laws of important trading partners
- Have the cognitive and technical skills to independently examine, analyse and interpret patent specifications and to advise clients on issues of validity, amendment and infringement
- Have the communication skills to clearly articulate and convey complex information regarding these matters to relevant specialist and non-specialist audiences, in particular to clients
- Be able to demonstrate autonomy, judgement and responsibility as a practitioner and learner in this field.
Last updated: 16 November 2022
Eligibility and requirements
Prerequisites
Admission into a relevant Melbourne Law Masters program
AND
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70021 | Patent Law | March (Online) |
12.5 |
Or equivalent subject.
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: 16 November 2022
Assessment
Description | Timing | Percentage |
---|---|---|
Take-home examination (8h)
| 11 November 2022 | 100% |
Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected. | Throughout the teaching period | N/A |
Last updated: 16 November 2022
Quotas apply to this subject
Dates & times
- August
Principal coordinator Benjamin Fitzpatrick Mode of delivery On Campus (Parkville) Contact hours This subject will be taught over two 3-day intensive blocks: 3 - 5 August and 26 - 28 October. Total time commitment 150 hours Pre teaching start date 6 July 2022 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 3 August 2022 to 28 October 2022 Last self-enrol date 11 July 2022 Census date 4 August 2022 Last date to withdraw without fail 23 September 2022 Assessment period ends 11 November 2022 August contact information
Lecturers
Ben Fitzpatrick (Coordinator)
Roger Green
Dr Jenny PeteringEmail: 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 in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted 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.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 16 November 2022
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Intellectual Property Law Course Graduate Diploma in Intellectual Property Law Course Master of Commercial Law Course Master of Laws Course Graduate Diploma in Legal Studies - 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-masters@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: 16 November 2022