units

LAW7466

Faculty of Law

18 September 2017 18 December 2024
Monash University

Postgraduate - Unit

This unit entry is for students who completed this unit in 2013 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.

print version

6 points, SCA Band 3, 0.125 EFTSL

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LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2013

Notes

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

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.

Outcomes

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

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

Chief examiner(s)

Dr Jenny Petering Personal ProfilePersonal Profile (http://www.law.monash.edu/staff/postgraduate/sess-jenny-petering.html)

Contact hours

40 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