LLM Patent Syllabus

Patent Law
Module Syllabus
Learner experience This module consists of a structured series of topics and exercises designed to develop students understanding of the core tenets of UK patent law. Students will work individually and in online discussion on a range of tasks exploring the following main issues: intellectual property (IP) concepts underpinning patent law; patentable subject matter and excluded subject matter, including biotechnologies and computer generated inventions; key concepts of patent law, including novelty and inventive step; substantive application formalities including sufficiency of disclosure; entitlement and ownership including employee inventions; and infringement. Module description and aims The module seeks to introduce students to the core legal principles underpinning IP law generally and patent law in particular. The concepts, issues, and problems developed and identified within the module are considered within the framework of the broader economic and practical application of the law. This module will equip students with the knowledge and skills to understand and critically assess the ongoing development of patent law and its application to businesses and to the wider economic, political, and social context. Aims The aim of this Module is to equip students with the knowledge and skills to understand and critically assess key issues related to the ongoing development of UK patent law, and to its application to current situations in increasingly international business, economic, political, and cultural contexts. Learning outcomes By the end of the Module, the student will be able to
Patent Law 1/18 CopyrightLaureate Online Education All rights reserved, 2010, The Module, in all its parts: Syllabus, guidelines, lectures, Discussion questions, technical notes, images and any additional material is copyrighted by Laureate Online Education B.V. Last update: December 10
Demonstrate thorough knowledge of the legal principles underpinning intellectual property law generally, and patent law specifically; Demonstrate critical awareness of the broader business, economic, political, and cultural implications of patent law; Locate and handle appropriate legal and nonlegal materials; Carry out research in the field of patent law. Learning strategies You will be studying this Module through a range of self-study and online interactions. The self-study materials will provide you with a foundation for directed study and reflection. The reflective questions will be clearly signposted to enable you to undertake independent study and complete the assignment. The online Discussions will be based on designated reading materials. Initially you will need to submit your responses to a set of structured questions based on the topic being studied. You will then take part in the discussion of key issues and developments. You are encouraged to share your thoughts and questions with other students and the tutor, to enhance your understanding of the materials and the issues raised. Each week of the Module has detailed learning objectives, indicating the topics and level of competence that you should achieve on completion of that part. Assignments include Discussion questions, Hand-in Assignment exercises, and a longer project. Self-study The self-study part of the course includes: Written and recorded notes covering five topics within each of the eight weekly themes in the Module Recommended reading relating to the topics within the weekly theme References to and extracts from relevant statutory and case law Hyperlinks to Web-based materials about the topics in each weekly theme Lecture Notes Each weeks theme is made up of several topics. The Lecture Notes for the week introduce and explain these topics. The Lecture Notes are also available
as recorded sound files. However, you should note that the sound files may differ slightly from the text versions. For example, the full references to sources, Internet addresses, and so on, are given only in the text files. You can listen to the recorded versions of the Lecture Notes as many times as you want and download the sound files to your computer or other devices. Recommended reading We have indicated the pages in your textbook that you should read with each topic in the weekly theme. There are also important journal articles for you to study. These are available in the online library. You will find it important to complete the recommended reading because your online interactions and your assessed work depend on it. Online interactions You will have regular online interaction with other students and the Instructor in order to help consolidate your understanding of theoretical concepts and to develop your skills through Discussion and exercises. The content of these online contact sessions will relate to the materials covered each week and will include Discussion Questions set by the Module Instructor and Hand-in Assignment questions, both of which will be assessed. Text and software The required texts for the Patent Law (MONLAU) Module appear in the weekly Readings folder as Module content. The core text is: Textbook Bently, L. & Sherman, B. (2009) Intellectual property law. 3rd ed. Oxford: Oxford University Press. ISBN: 978--19-929204-2 Primary sources and journal articles The Patents Act 1977 (as updated by various Acts including the Patents Act 2004) [Online]. Available from: http://www.ipo.gov.uk/pro-types/pro-patent/plaw/p-legislation.htm.
The Patents Rules 2007 (SI 2007 No. 3291): Patents (Fees) Rules 2007 (SI 2007 No. 3292), as amended up to and including 6 April 2010 [Online]. Available from: http://www.ipo.gov.uk/patentrules2007.pdf European Patent Convention 2000 (EPC 2000), which came into force Dec 2007. Agreement dated 17 October 2000 on the application of Article 65 EPC London Agreement [Online]. Available from: http://documents.epo.org/projects/babylon/eponet.nsf/0/7FD20618D28E9FBF C125743900678657/$File/London_Agreement.pdf WIPO Patent Cooperation Treaty (in force Apr 2002) [Online]. Available from: http://www.wipo.int/pct/en/texts/articles/atoc.htm. Week 1 Bently, L. & Sherman, B. (2009) Intellectual property law. 3rd ed. Oxford: Oxford University Press. Chapter 1 Introduction, and Chapters 1416. Web site: UK Intellectual Property Office (IPO) www.ipo.gov.uk. Web site: European Patent Office (EPO) http://www.epo.org Week 2 Bently, L. & Sherman, B. (2009) Intellectual property law. 3rd ed. Oxford: Oxford University Press. Chapter 17. Cases: Thompsons Application [2005] EWHC 3065 Eli Lilly v Human Genome Eli Sciences [2010] EWCA Civ 33 (Court of Appeal 2010) (Jacob, J.), affg [2008] EWHC 1903 (High Court 2008) (Kitchin, J.) [2008] EWHC 1903. (On industrial applicability.) OD/94 Relaxin/Howard Florey Res.Inst. (OJ EPO, 1995, 388)
T19/90 Harvard/Onco-Mouse (OJ EPO 1990, 476); and the EPOs Opposition Division in considering the Onco-Mouse (Decision of the Opposition Division, 7th November 2001 (OJ EPO 2003, 419)) T356/93 Plant Cells/Plant Genetic Systems (OJ EPO 1995, 545) IPO, Manual of Patent Practice [re Industrial Applicability]. Available at: http://www.ipo.gov.uk/practice-sec-004.pdf. IPO, Examination Guidelines for Patent Applications relating to Biotechnological Inventions in the Intellectual Property Office, April 2009. Available at: http://www.ipo.gov.uk/biotech.pdf. Week 3 Bently, L. & Sherman, B. (2009) Intellectual property law. 3rd ed. Oxford: Oxford University Press. Chapter 18. Cases: Synthon BV v Smithkline Beecham Plc [2005] UKHL 59. Available from: http://www.parliament.the-stationeryoffice.co.uk/pa/ld200506/ldjudgmt/jd051020/synth.pdf) Merrell Dow v Norton [1996] RPC 76 Lux Traffic Controls Ltd v. Pike Signals Ltd [1993] RPC 107 Week 4 Bently, L. & Sherman, B. (2009) Intellectual property law. 3rd ed. Oxford: Oxford University Press. Chapter 19. Cases: Actavis v Novartis [2009] EWHC 41 (Ch). (Applying Conorpatent not obvious based on motive and expectation of success but technically obvious and invalid). Conor v Angiotech [2008] UKHL 49. (On the question of obviousness.) Pozzoli SpA v BDMO SA [2007] EWCA Civ 588. (on the assessment generally.)
Rockwater Ltd v Technip France SA [2004] EWCA (Civ) 381. (On the characteristics of the hypothetical addressee.) Beloit Technologies Inc. v Valmet Paper Machinery Inc [1997] RPC 489. (On what amounts to common general knowledge.) Haberman v Jackel International Ltd [1999] FSR 683 (On relevant factors in deciding obviousness.) IPO The Inventive Step Requirement in United Kingdom Patent Law and Practice (IPO Consultation document, Feb 2006 available at http://www.ipo.gov.uk/consult-inventive.pdf) and Public consultation on level of the inventive step required for obtaining patentsthe Governments response (IPO Consultation summary, 5 Feb 2007, available at http://www.ipo.gov.uk/press-release-20070205.htm). Week 5 Bently, L. & Sherman, B. (2009) Intellectual property law. 3rd ed. Oxford: Oxford University Press. Chapter 20. Cases: Generics (UK) Ltd v H Lundbeck A/S [2009] UKHL 12 on appeal from [2008] EWCA Civ 311. Available from:http://www.publications.parliament.uk/pa/ld200809/ldjudgmt/jd090 225/gener-1.htm Biogen v Medeva [1997] RPC 1 No Fume v Pitchford [1935] 52 RPC 231 Week 6 Bently, L. & Sherman, B. (2009) Intellectual property law. 3rd ed. Oxford: Oxford University Press. Chapter 17, Section 7.2. Cases: Symbian Ltd v Comptroller [2008] EWCA Civ 1066 Aerotel Ltd v Telco Holdings Ltd Macrossans Application [2006] EWCA Civ 1371
Week 7 Bently, L. & Sherman, B. (2009) Intellectual property law. 3rd ed. Oxford: Oxford University Press. Chapter 21. Cases: Yeda Research & Development Co v Rhone-Poulenc Rorer International Holdings Inc [2007] UKHL 43. (On entitlement.) Available from: http://www.publications.parliament.uk/pa/ld200607/ldjudgmt/jd071024/y eda-1.htm LIFFE v. Pinkava [2007] EWCA Civ 217 Kelly v GE Healthcare Ltd [2009] EWHC 181 (Pat). (On employee inventions.) Week 8 Bently, L. & Sherman, B. (2009) Intellectual property law. 3rd ed. Oxford: Oxford University Press. Chapter 22. Cases: Kirin-Amgen Inc v Hoechst Marion Roussel Ltd [2004] UKHL 46; Mayne Pharma v Pharmacia Italia [2005] EWCA Civ 137; Catnic Components v Hill & Smith [1982] RPC 183 and Improver v Remmington [1990] FSR 181. IPO. Resolving patent disputes Available from: http://www.ipo.gov.uk/types/patent/p-dispute.htm) Software You do not need special software for this Module. Audio files
You will need an audio player, such as Windows Media Player, if you want to listen to the recorded version of the Lecture Notes. (The text version is also provided, so you do not have to listen to the audio files if you prefer the written text). Overview of module work Students are required in Weeks 18 to submit: Individual Discussion Question answers (DQI) 24 meaningful Discussion Question Follow-up postings (DQF) in response to fellow student submissions Hand-in Assignments (HA) in Weeks 2, 3, 5, and 7 A project proposal in Week 4, an outline in Week 6, and a completed Individual Project (FP) in Week 8 Discussion Questions You must submit your initial response to the Discussion Question by the end of Day 3 (Saturday). A typical answer should have about 500 words, but it is the quality of the answer that matters, not the number of words. Answers will be submitted to the weekly Assignments folder, and also posted in the Module Discussion Board. Following the 3 out of 7 days rule, you are required to participate with followon postings to your peers answers, making 2-4 significant discussion question follow-on postings in addition to your initial response for each Discussion Question by the end of day 7 (Wednesday). Your postings to the Discussion Board must occur on at least 3 individual days during the week: 1 day for the initial posting, and a minimum of 2 days for the follow-on postings. Follow-on postings should be significant contributions to the discussion. You may wish to respond to your colleagues postings in one or more of the following ways: Ask a probing question. Share an insight from having read your colleagues posting. Offer and support an opinion or suggestion. Validate an idea with your own experience. Expand on the ideas in your colleagues posting.
Hand-in Assignments
You must submit your answer to the Hand-in Assignment (HA) for four of the eight weeks by the end of Day 7 (Wednesday). A typical answer should have between 500 and 1,000 words, but it is again the quality of the answer that matters, not the number of words. Answers will be submitted to the weekly Assignments folder but are not to be posted on the Module Discussion Board. For both the DQ and the HA, satisfactory answers will demonstrate clear understanding of the topics and issues related to the assignment. Good answers will explain the reasons in more depth. Excellent answers will raise appropriate critical questions. Weak answers will demonstrate only a partial grasp of what is important in the context of the assignment. Instructors will provide feedback about these assignments in their weekly feedback to students. Final Project End of module assessment: 1,5002,000 word assignment (35 percent total Module grade) The purpose of the Final Project is to apply the concepts and techniques of the Module to the analysis of real-world situations or problems. Students will analyse relevant primary and secondary sources and develop a detailed evaluation of international approaches to creating a legal framework for information security. You will submit an individual project (IP) in Weeks 4 and 6. The IPs are components of the Final Project intended to help you plan your work and give you the benefit of your Instructors feedback before your Final Project is due in Week 8. In Week 4, you will submit a Project Proposal, which will convey the resources that you will use for your research and the organisation you are proposing for your project. In Week 6, you will submit an Annotated Outline of your research sources. In Week 8, you will address the comments from your Instructor and submit your Final Project. More details on each stage of the project are found in the weekly areas. Module readings
Students are provided with weekly reading assignments, which can be found in the weekly Readings folder. Students are encouraged to make use of academic and professional journals to supplement the course materials and to assist in the preparation of assignments. Many of these can be accessed through the University of Liverpool electronic library resources at http://www.liv.ac.uk/library/ohecampus/index.htm Assessment The tables below outline the mandatory contribution in each category and the range of grades. Weight % of Component Wk 1 Wk 2 Wk 3 Wk 4 Wk 5 Wk 6 Wk 7 Wk 8 EOM Discussion Question (DQ) X X X X X X X X 15% Discussion Question X X X X X X X X Follow-on (DQF) 15% Hand-in Assignment X X X X - 35% Individual Project X X - 5% Final Project X 30% For general information on assessment and grading, please consult the Student Handbook section pertaining to Grading at http://success.ohecampus.com/index.php?mod=dcp&act=navigationindex&na vigationid=3691.
Syllabus by Week ---------------Week 1 ---------------Theoretical and economic underpinnings of patent law Topics Intellectual propertyan introduction Brief history of patents The nature of a patent Procedure for grant of a patent Workload Self-study for Week 1: o Read and/or listen to the Lecture Notes for each topic. o Read the textbook pages indicated under each topic. o Browse the links to Web-based materials under each topic. o Review the additional media materials for the week. o Study the online journal article. Discussion Questions: o Submit your response to the Turnitin link and also post it on the Discussion Board. o Review responses by other students and make 24 meaningful comments.
---------------Week 2 ---------------Patentable subject matter Topics Patentable subject matterwhat is included and excluded? Excluded subject matter Specific applications Biological subject matter Immoral inventions Workload Self-study for Week 2: o Read and/or listen to the Lecture Notes for each topic. o Read the textbook pages indicated under each topic. o Browse the links to Web-based materials under each topic. o Review the additional media materials for the week. o Study the online journal article. Discussion Questions: o Submit your response to the Turnitin link and also post it on the Discussion Board. o Review responses by other students and make 24 meaningful comments. Hand-in Assignments: o Submit responses to Hand-in Assignment to the weekly Assignments Turnitin link.
---------------Week 3 ---------------Novelty Topics What is the invention? What information is disclosed by the prior art? Is the invention novel? An old thing used in a new way Workload Self-study for Week 3: o Read and/or listen to the Lecture Notes for each topic. o Read the textbook pages indicated under each topic. o Browse the links to Web-based materials under each topic. o Review the additional media materials for the week. o Study the online journal article. Discussion Questions: o Submit your response to the Turnitin link and also post it on the Discussion Board. o Review responses by other students and make 24 meaningful comments. Hand-in Assignments: o Submit responses to Hand-in Assignment to the weekly Assignments Turnitin link.
---------------Week 4 ---------------Inventive step Topics Determining whether an invention is obvious Person skilled in the art What is the invention? Is the invention obvious? Workload Self-study for Week 4: o Read and/or listen to the Lecture Notes for each topic. o Read the textbook pages indicated under each topic. o Browse the links to Web-based materials under each topic. o Review the additional media materials for the week. o Study the online journal article. Discussion Questions: o Submit your response to the Turnitin link and also post it on the Discussion Board. o Review responses by other students and make 24 meaningful comments. Individual Project: o Submit your proposal to the weekly Assignments Turnitin link.
---------------Week 5 ---------------Substantive application formalities: sufficiency of disclosure Topics Sufficiency of disclosure Claims Improper amendments Workload Self-study for Week 5: o Read and/or listen to the Lecture Notes for each topic. o Read the textbook pages indicated under each topic. o Browse the links to Web-based materials under each topic. o Review the additional media materials for the week. o Study the online journal article. Discussion Questions: o Submit your response to the Turnitin link and also post it on the Discussion Board. o Review responses by other students and make 24 meaningful comments. Hand-in Assignments: o Submit responses to Hand-in Assignments to the weekly Assignments Turnitin link.
---------------Week 6 ---------------Computer programs and computer-implemented inventions (CIIs) Topics Introduction Computer-implemented inventions Workload Self-study for Week 6: o Read and/or listen to the Lecture Notes for each topic. o Read the textbook pages indicated under each topic. o Browse the links to Web-based materials under each topic. o Review the additional media materials for the week. o Study the online journal article. Discussion Questions: o Submit your response to the Turnitin link and also post it on the Discussion Board. o Review responses by other students and make 24 meaningful comments. Individual Project: o Prepare an annotated outline of the Final Project report indicating the gist of each section in the report along with a list of references on the cases studied and the concepts and techniques applied. o Submit your outline to the weekly Assignments Turnitin link.
---------------Week 7 ---------------Entitlement and ownership Topics Entitlement to grant Determining who is entitled to grant Workload Self-study for Week 7: o Read and/or listen to the Lecture Notes for each topic. o Read the textbook pages indicated under each topic. o Browse the links to Web-based materials under each topic. o Review the additional media materials for the week. o Study the online journal article. Discussion Questions: o Submit your response to the Turnitin link and also post it on the Discussion Board. o Review responses by other students and make 24 meaningful comments. Hand-in Assignment: o Submit responses to Hand-in Assignment to the weekly Assignments Turnitin link.
---------------Week 8 ---------------Infringement Topics Types of infringing activity Scope of protection Defences to proceedings for infringement Alternative dispute resolution processes Workload Self-study for Week 8: o Read and/or listen to the Lecture Notes for each topic. o Read the textbook pages indicated under each topic. o Browse the links to Web-based materials under each topic. o Review the additional media materials for the week. o Study the online journal article. Discussion Questions: o Submit your response to the Turnitin link and also post it on the Discussion Board. o Review responses by other students and make 24 meaningful comments. Final Project: o Submit your final project to the weekly Assignments Turnitin link.

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