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Interpretation and Validity of Patents (LAWS70061)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
To learn more, visit 2023 Course and subject delivery.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
July
Ben Fitzpatrick (Coordinator)
Dr Jenny Petering
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | July |
---|---|
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: 31 January 2024
Eligibility and requirements
Prerequisites
Admission into a relevant Melbourne Law Masters program
AND
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70021 | Patent Law |
March (Dual-Delivery - Parkville)
November (On Campus - Parkville)
|
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: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Take-home examination (8h)
| 27 October 2023 | 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: 31 January 2024
Quotas apply to this subject
Dates & times
- July
Mode of delivery On Campus (Parkville) Contact hours This subject will be taught over two 3-day intensive blocks: 26 - 28 July and 4 - 6 October 2023. Total time commitment 150 hours Pre teaching start date 28 June 2023 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 26 July 2023 to 6 October 2023 Last self-enrol date 3 July 2023 Census date 28 July 2023 Last date to withdraw without fail 15 September 2023 Assessment period ends 27 October 2023 July contact information
Ben Fitzpatrick (Coordinator)
Dr Jenny PeteringEmail: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
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: 31 January 2024
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 Commercial Law Course Master of Laws Course Graduate Diploma in Legal Studies Course Master of Intellectual Property Law 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-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: 31 January 2024