Subjects 2009
Interpretation and Validity of Patent Specifications 730676
- Credited Courses: Graduate Diploma in Intellectual Property Law 276; Master of Commercial Law 504; Master of Intellectual Property Law 277; Master of Laws (LLM) 502
Prerequisite
Successful completion of Patent Law and Patent Practice or equivalent.
Objectives
A student who has successfully completed this subject should:
- Understand how to read and interpret a patent specification
- Be able, on the basis of this understanding, to advise clients on the issue of validity over given prior art, the requirements of section 40 of the Patents Act 1990 (Cth) and other relevant grounds of invalidity and, where relevant, to advise on issues of amendment
- Be able, on the basis of this understanding, to advise clients on infringement issues relating to the patent in question
- Be able to present reasoned argument on the above matters, both in writing and orally
- Have enhanced their skills of case and statutory analysis.
Syllabus
This subject will be conducted by way of a number of case studies carried out by a team of practitioners to develop skills in the application of the rules of interpretation to an Australian patent specification and in the application of Australian patent law in the assessment of:
- The validity of an Australian patent or patent application under the provisions of section 40
- The validity of an Australian patent or patent application in the light of prior art information supplied, including prior published specifications and prior user
- The infringement of an Australian patent by a product or process.
