Monash University Handbook 2011 Postgraduate - Unit

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

Level	Postgraduate
Faculty	Faculty of Law
Offered	City (Melbourne) Term 4 2011 (On-campus block of classes)
Coordinator(s)	Ms Virginia Beniac-Brooks

Synopsis

This Unit has been designed to meet the requirements of the Professional Standards Board for Trade Marks and Patent Attorneys in relation to Patent System (Topic group F). This Unit will enable students to advise and to handle the interests of a client in prosecution and maintenance of a patent application in Australia and other countries. Principal topics will include:

• Different types of applications: advantages and disadvantages
• Australian Patent Office practice: filing requirements and formalities; time limits;

searching; the amendment process and the requirements to be met; opposition proceedings; re-examination; the extension of term provisions; requirements for an extension of time; revocation and infringement proceedings; appeals

• The use of international treaties and conventions to enhance a client's protection at an international level
• The register: maintenance; assignment and transmission; licensing; compulsory licenses
• Crown use; restrictions on exploitation
• Basic patentability requirements in other countries such as New Zealand, the United States, the European Union, the People's Republic of China and Japan
• Benefits and advantages of the innovation patent system

Objectives

Students who successfully complete this unit should:

1. have the enhanced appreciation of and an ability to handle the interests of a client in prosecution and maintenance of a patent application in Australia and other jurisdictions
2. be in a position to provide detailed and comprehensive advice to inventors, enterprises and other persons engaged in the process of innovation on their rights and liabilities under Australian Patent law and the law in other jurisdictions
3. meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Patent System (Topic group F).

Assessment

Research assignment (3,750 words): 50%
Take-home examination (3,750 words): 50%

Chief examiner(s)

Ms Virginia Beniac-Brooks

Contact hours

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