Patent Practice 730675

Successful completion of Patent Law or equivalent.

A student who has successfully completed this subject should:

Understand and be able to advise on the steps involved in the filing, prosecution and maintenance of an application for patent protection under the Patents Act 1990 (Cth) for local and overseas inventions
Understand and be able to advise on obtaining overseas patents for local inventions
Understand and be able to advise on the filing and prosecution of applications under the Patent Cooperation Treaty (PCT)
Understand the purpose, intent and scope of circuit layout rights protection in the Circuit Layouts Act 1989 (Cth)
Understand the purpose, intent and scope of plant variety rights protection in the Plant Breeder’s Rights Act 1994 (Cth).

Principal topics will include:

Patent legislation and practice in Australia
Patents Acts of 1952 and 1990: Standard patents; petty patents; innovation patents
Kinds of patent application: Provisional; complete; standard; petty; divisional; patent of addition; convention; innovation
Patent application filing and prosecution: Searching; filing; examination; opposition: grounds, practice and procedures; grant; re-examination
Amendment of patent specifications and other documents: Allowable amendments; clerical errors; obvious mistakes
Duration of patent protection: Continuation and renewal fee requirements; lapsing and cessation; restoration of rights; extensions of term for pharmaceutical patents
The Register of Patents: Recordal of assignments, licences, mortgages and changes of name; amendments to the Register
International Conventions and Agreements
Patentability overseas
Basic considerations of United States and European patent law
Applications under the Patent Cooperation Treaty; filing applications; entry of national and regional phase
Circuit layouts legislation (Circuit Layouts Act 1989 (Cth))
Plant breeders’ rights legislation (Plant Breeder’s Rights Act 1994 (Cth)).

Melbourne Law School The Melbourne Law Masters