Faculty of Law

Monash University

Postgraduate - Unit

This unit entry is for students who completed this unit in 2012 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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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, or view unit timetables.

FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 3 2012 (On-campus block of classes)


For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html


  • The Australian patent system.
  • History and rationale of the patent system.
  • The concept of invention; the requirements for patentability; patent application procedure.
  • The drafting of claims; the enforcement, maintenance and exploitation of patents, and the international patent system.
  • The relationship between patent and trade secrets protection, and the relationship between patent and plant breeders' rights protection.


Students who successfully complete this unit should:

  1. have an enhanced appreciation of the policies and objectives underlying the laws of patents and confidential information
  2. be in a position to comment critically on those policies and objectives and to relate them to current proposals for law reform
  3. have developed a detailed knowledge of the subject matter that is eligible for protection under these laws, the requirements for obtaining such protection and its scope, once obtained
  4. 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 these laws
  5. have a sound understanding of the operation and application of the rules governing the international protection of patents for inventions and allied rights
  6. meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Patent Law (topic group E).


Research assignment (3,750 words): 50%
Take-home exam (3,750 words): 50%
Take-home exam (7,500 words): 100%

Chief examiner(s)

Mr John Gibbs

Contact hours

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