LAW5611 Comparative issues in patent law

This unit will examine from an international and comparative perspective some fundamental questions that arise in patent law:

- Why is a twenty year monopoly in the form of a patent available for inventions? We will critically analyse this question with reference to the origins of patent laws and with reference to the varied past and present rationales that support patent protection;

- What subject matter should patent law protect? In particular, it will focus on the challenges posed to patent law by new and emerging technologies in areas such as higher life forms, methods of medical and surgical treatment, business and financial systems and genetic materials;

- Why can an inventor choose to keep an invention secret instead of seeking patent protection? We critically evaluate the justifications for inventors to have this choice; and

- What balance should exist between a patentee's exclusive rights and the public domain?

The unit 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 analysing how Australia and three other jurisdictions (selected from Canada, the United States of America, the European Union, the United Kingdom and New Zealand) approach the above questions. No technical background is required or expected, nor is any previous work in patent law needed.