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Comparative Patent Law - LAWS8143

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 or 9210 or 5740 or 9230 or 5265 or 9231 or 5231 or 9220 or 5750.

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

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 LAWS8017 Intellectual Property Law. You will be expected to have an overview of intellectual property law and/or to have read a recent IP textbook such as Davison et al, Australian Intellectual Property Law (2nd edn) (Cambridge University Press, 2011) or Stewart et al, Intellectual Property in Australia (4th ed) (LexisNexis, 2010) and IP casebook such as Bowrey et al, Australian Intellectual Property: Commentary, Law and Practice (Oxford University Press, 2010).

Graduate Diploma of Applied Intellectual Property students are expected to have a working knowledge of intellectual property based on study of the postgraduate course LAWS8046 Intellectual Property Law and Innovation.

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