77895 Interpretation and Validity of Patent Specifications
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 77898 Patent Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
On completion of this subject, students have acquired an ability to express an understanding of a patent specification and what it covers for the purpose of advising on infringement validity over given prior art, s 40 of the Patents Act 1990 and other grounds of revocation and amendment.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | recognise valid approaches to construing claims and be able to apply those approaches to construing claims; |
|---|---|
| 2. | assess the validity of patent claims utilising relevant tests for novelty inventive (or innovative) step and compliance with issues; |
| 3. | determine whether a claim is infringed; |
| 4. | write succinct letters of advice to clients advising on matters of claim interpretation, validity and infringement; |
| 5. | prepare detailed memoranda of advice to clients advising on matters of claim interpretation, validity and infringement. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (1.0) - Ethics and Professional Responsibility
An advanced and integrated capacity to value and promote honesty, integrity, accountability, public service and ethical standards including an understanding of approaches to ethical decision making, the rules of professional responsibility, an ability to reflect upon and respond to ethical challenges in practice, and a developing ability to engage in the profession of law and to exercise professional judgment (2.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0) - Communication and Collaboration
Effective and appropriate professional communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately (5.0)
Teaching and learning strategies
Strategy 1 Students are provided with detailed lectures outlining key concepts relevant to this subject and their application. Students are expected to expand on this background by significant self-directed review of the relevant legislation and regulations, of patent office manuals of practice and procedure and of other secondary materials.
Strategy 2 This subject provides the opportunity for students to interact with fellow students and course staff through discussion board postings. Providing and commenting on discussion board postings is an important adjunct to the lecture materials and reading materials relevant to the course.
Strategy 3 Students are provided with multiple exercises providing opportunity to practice and refine the skills taught in this course.
Subject Delivery
This subject is offered entirely online by ‘distance’. No on-campus attendance is required for students studying online. The Faculty of Law may use a variety of means to deliver lectures, course materials and assessments to distance students including: a web-based delivery system and hard-copy materials.
UTSOnline is a web-based tool used at UTS to deliver online learning to students. UTSOnline is accessible by most web browsers. For further details about studying on-line and accessing UTSOnline see http://www.law.uts.edu.au/onlineguide/
Students must have access to a personal computer, a reliable commercial Internet service provider and as a minimum a good modem telephone connection.
In addition, students must have Internet Explorer or Netscape installed on their computer and some additional software is required to playback lectures.
Each lecture can be accessed via the ‘Course Materials’ folder on UTSOnline. In turn, the materials for each lecture comprise a PowerPoint presentation and recorded audio lectures.
Lecture Format
A weekly recorded lecture will be provided addressing the nominated subject area. Supporting documents will be provided as appropriate to supplement the recording. In the weeks following submission of exercises model answers or discussions of superior strategies for tackling the exercise will be provided.
Content (topics)
- Introduction
- Interpretation of claims
- Infringement
- Validity
- Amendment
- Advice writing
- Exercises
Assessment
Assessment task 1: Professional Conduct Exercise
| Intent: | This task assesses students understanding of professional conduct issues relevant to carrying out interpretation and validity analyses for clients. |
|---|---|
| Objective(s): | This task contributes specifically to the development of the following graduate attributes: 2.0, 3.0 and 5.0 |
| Weight: | 10% |
| Length: | ~ 700 - 900 words |
Assessment task 2: Construction Exercise
| Intent: | This task assesses the ability to recognise valid approaches to construing claims and to be able to apply those approaches to construing claims. |
|---|---|
| Objective(s): | This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
| Weight: | 10% |
| Length: | ~2500 - 3500 words |
Assessment task 3: Infringement & Validity (Mid-Semester) Exercise
| Intent: | This task assesses the ability to assess if any of the claims are infringed, and to determine the validity of patent claims using relevant tests for novelty, inventive (or innovative) step and compliance with s40. |
|---|---|
| Objective(s): | This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
| Weight: | 20% |
| Length: | ~ 3000 - 3500 words for summary letter of advice (excluding annexures) |
Assessment task 4: Final Exam
| Intent: | This task assesses the ability to prepare detailed memoranda of advice and clear succinct letters of advice to clients advising on matters of claim interpretation, validity and infringement | ||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Objective(s): | This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 | ||||||||||||||||
| Weight: | 60% | ||||||||||||||||
| Length: | ~3000 - 3500 words for summary letter of advice (excluding annexures) | ||||||||||||||||
| Criteria linkages: |
SLOs: subject learning objectives CILOs: course intended learning outcomes |
Required texts
There are no prescribed texts for this subject
Recommended texts
- Bodkin, Patent Law in Australia (2nd edition, 2014) Thomson Law Book Co. (ISBN 978045522428)
Other resources
Additional reading materials may be made available in course documents throughout the semester to support lecture content.
Websites
