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Comparative Patent Law - LAWS8143
UNSW in bloom

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 9230, 5740 or 5265
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This course will examine patent law from both an administrative and jurisprudential perspective. It will examine: the procedural and legal requirements for the grant of patent rights in Australia, including what constitutes patentable subject matter and the requirements of novelty, obviousness, utility and secret use; the grounds upon which patent rights may be challenged; ownership; exploitation; infringement and defences. While the course will focus on Australian law, consideration will be given to comparative jurisprudence, focusing on the US and UK, in particular to highlight differences in how these jurisdictions have considered particular legal concepts as well as controversial subject matter such as biotechnological inventions and business methods. It will also cover emerging trends and policy debates in Australia and internationally.


LLM Specialisations

Innovation Law

Recommended Prior Knowledge

This course assumes a working knowledge of intellectual property based on study at undergraduate level or through completion of the postgraduate course LAWS4017. You will be expected to have an overview of intellectual property law or to have read J. McKeough, A. Stewart and P. Griffith, Intellectual Property in Australia (3rd ed) (LexisNexis Butterworths, 2004) and J. McKeough, K. Bowrey and P. Griffith, Intellectual Property: Commentary and Materials (4th ed) (Thomson Law Book Co, 2007).

Course Objectives

A candidate who has successfully completed this course should be able to:
  • be able to identify the major elements of procedural and substantive patent law in Australia
  • be able to identify and understand the significance of the key substantive differences between the patent law of Australia and other jurisdictions, in particular the US and UK
  • have an understanding of international policy trends in patent law in Australia and internationally

Main Topics

  • Justifications for patent protection
  • Procedures for obtaining a patent in Australia (including examination)
  • Patentable subject matter
  • Novelty
  • Inventive and innovative step
  • Other requirements for patentability
  • Pre and post grant challenges to the validity of patents
  • Ownership and exploitation of patent rights
  • Patent infringement, defences and remedies
  • Survey of key substantive differences and emerging trends between Australia other jurisdictions, in particular, the US and UK

Assessment

Class Participation (maximisable) 20%
Problem Questions (approx. 6,000 words) 100%
 

Course Texts

Prescribed
Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.


Recommended
Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.

Resources

Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.