units

LAW7466

Faculty of Law

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Monash University Handbook 2011 Postgraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Second semester (extended) 2011 (On-campus block of classes)
Coordinator(s)Mr David Carmichael; Ms Karen Sinclair; Mr Tony Ward; Mr Trevor Beadle

Synopsis

This unit is designed to meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Interpretation and Validity of Patent Specifications (Topic Group H). It is designed to provide students with a level of knowledge and understanding so that they will be able to handle the interests of a client in advising on the interpretation, validity and infringement of an Australian patent.

It will teach students to construe an Australian patent specification to determine its scope, and to evaluate:

  1. its validity under the provisions of section 40 of the Patents Act 1990 (Cth)
  2. its validity in light of supplied prior art information, including prior published specifications and/or prior user
  3. the need for amendment in light of the conclusions reached on validity.

The unit will also provide students with an ability to critically examine an Australian patent specification to determine whether one or more of the claims are infringed by a product or process.

Objectives

Students who successfully complete this unit should be able to:

  1. advise a client on the interpretation, validity and infringement of an Australian patent
  2. read and construe an Australian patent specification and relevant prior art material.
  3. provide a sound and well-reasoned opinion as to the validity or otherwise of the patent over the given prior art, the requirements of section 40 of the Patents Act 1990 (Cth) and other relevant grounds of invalidity
  4. advise on issues of amendment (where relevant)
  5. provide a sound and well-reasoned opinion as to the issue of infringement
  6. understand the principles of claim interpretation, construction and validity under Australian law
  7. meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Interpretation and Validity of Patent Specifications (Topic group H).

Assessment

Class participation - written exercise: 20%
Three take-home written exercises: 10% each
Take-home examination: 50%

Chief examiner(s)

Mr David Carmichael

Contact hours

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

LAW7119 Patents for Inventions or equivalent