Patents and Designs
Overview
This unit introduces students to the legal regimes that protect patents and industrial designs and the rationales for such protection. It considers the Patents Act 1990 (Cth) and related case law including the patent application procedure, patentable subject matter, objections, infringement, defences and remedies, as well as patent ownership and exploitation. It also considers the Designs Act 2003 (Cth) including the design/copyright overlap. International aspects of both patent and design law will be considered, as will the crossover with other areas of law, including competition law, and the law of confidential information. The aim of this unit is to enable students, through the study of cases, statutes and other material, to acquire a comprehensive knowledge and understanding of, and competence in, Australian patent and design law.
Requisites
01-June-2025
08-June-2025
08-February-2026
Learning outcomes
Students who successfully complete this unit will be able to:
- Describe and evaluate Australian patent law, the law of confidential information and design law and related policy debates and reform proposals
- Apply patent law, the law of confidential information and design law to factual situations and effectively advise and communicate with clients and others about their rights and obligations to those factual situations
- Locate and interpret legislation applicable to patent law, the law of confidential information and design law
- Conduct patent and design law related research and use the results of that research to reach well-reasoned conclusions
Teaching methods
Hawthorn
| Type | Hours per week | Number of weeks | Total (number of hours) |
|---|---|---|---|
| On-campus Class | 3.00 | 12 weeks | 36 |
| Online Lecture | 1.00 | 12 weeks | 12 |
| Unspecified Activities Independent Learning | 8.50 | 12 weeks | 102 |
| TOTAL | 150 |
Swinburne Online
| Type | Hours per week | Number of weeks | Total (number of hours) |
|---|---|---|---|
| Online Directed Online Learning and Independent Learning | 11.50 | 12 weeks | 138 |
| Live Online Class | 1.00 | 12 weeks | 12 |
| TOTAL | 150 |
Assessment
| Type | Task | Weighting | ULO's |
|---|---|---|---|
| Assessment | Individual | 50 - 70% | 1,2,3,4 |
| Case Studies | Individual | 30 - 50% | 1,2,3,4 |
Content
- Introduction to Patents Act 1990 (Cth)
- Rationale for protection
- Types of patent protection
- Criteria for validity – standard patent
- Criteria for validity – innovation patent
- Disclosure requirements
- Exclusions
- Entitlement to apply
- Exclusive rights
- Duration of protection
- Exploitation
- Infringement
- Defences
- Crown use
- Remedies
- Industrial designs
- Confidential information and trade secrets
Study resources
Reading materials
A list of reading materials and/or required textbooks will be available in the Unit Outline on Canvas.