Faculty of Law

print version

This unit entry is for students who completed this unit in 2016 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.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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



Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).



  • Term 2 2016 (Day)


This unit will examine from an international and comparative perspective the most fundamental question in patent law: what subject matter should patent law protect with a twenty year monopoly? It will consider the obligations that relevant international treaties and conventions impose on member states in the design of their patent laws. Within the context of this international structure, it will immerse students in understanding and critically analyzing the approaches taken to patentable subject matter by Canada, the US, the UK and Australia. In particular, it will focus on the challenges posed to patent law by new and emerging technologies in such areas as business methods and systems, software, higher life forms, methods of medical and surgical treatment and genetic materials. No technical background is required or expected, nor is any previous work in patent law needed.


On completion of this subject, students will be able to:

  1. apply knowledge and understanding to the existing body of jurisprudence and major academic writings in the area of patentable subject matter with creativity and initiative to new situations for further learning;
  2. investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the evolving principles and themes embodied in that jurisprudence and literature;
  3. conduct research into the application and meaning of issues in patent law, based on knowledge of appropriate research principles and methods;
  4. use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts to novel aspects of patentability.


Attendance requirement: Students who fail to attend at least 80% of the classes in this unit (ie who miss 3 or more classes) will receive a result of 0 N for the unit. Students who are unable to meet this requirement due to severe illness or other exceptional circumstances must make an application for in-semester special consideration with supporting documentation.

Research assignment (6,000 words) 80%
Critical case comment (1,500 words) 20%

Workload requirements

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

This unit applies to the following area(s) of study

Intellectual property law
International and comparative law