78190 Patent Law

Description

This subject provides an understanding of the principles of patents and the patent system in Australia. Topics covered include subject matter, section 40 of the Patents Act 1990 (specifications), infringement, inventorship, ownership and breach of confidence. Patents have been the subject of much controversy in recent times. Biotechnology challenges our traditional distinction between nature and invention; the health demands of developing countries come into conflict with the private interest of patent owners; the use of traditional knowledge of indigenous communities in biodiscovery processes can complicate the availability of patent protection; US pharmaceutical companies demand a greater role in determining what drugs should be available under Australia's Pharmaceutical Benefits Scheme; the computer software industry demands patent protection to supplement their rights in copyright; and in a growing number of cases patents can be granted for 'business methods'. In this subject, students are introduced to the law of patents – what is patentable subject matter, what are the threshold requirements of patentability, what level of disclosure is required to justify the grant of the patentee's monopoly rights, the rights of the patent holder, exploitation of patent rights, and actions for infringement. In addition, special issues relating to biotechnology patents and the international context in which Australia's patent law operates are considered. There is some attention to plant varieties rights and the use of the action for breach of confidence to protect trade secrets.