Subjects 2009
Patent Law 730625
- 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
Objectives
A student who has successfully completed this subject should:
- Understand the policy issues involved in the granting or denying of patent protection, and the alternatives to such protection
- Understand and be able to apply the principles relating to the grant of a valid patent under Australian law
- Understand and be able to apply the principles relating to the infringement of a patent under Australian law
- Understand the principles applying to the ownership and exploitation of patents under Australian law
- Be broadly familiar with the principal steps by which a patent is applied for and granted under Australian law
- Understand and be able to apply the principles relating to the protection of confidential information and trade secrets under Australian law.
Syllabus
Principal topics will include:
- History of patent protection
- Rationales for and alternatives to patents
- Trade secrets protection (breach of confidence)
- Brief overview of the patent application procedure
- Requirements for patentable subject matter (including innovation patents)
- Substantive requirements for patentability (including novelty, inventive step, utility, no secret use etc.)
- Section 40 objections relating to specifications: Description, claims, fair basis
- Infringement, defences and remedies
- Inventorship and ownership
- Transfer and exploitation of patent rights
- The impact of competition law
- Introduction to the international framework of patent protection.
