Llm Patent Syllabus

7/28/2019 Llm Patent Syllabus

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CopyrightLaureate Online Education All rights reserved, 2010,

The Module, in all its parts: Syllabus, guidelines, lectures, Discussion questions, technical notes, imagesand any additional material is copyrighted by Laureate Online Education B.V.Last update: December 10

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 tasksexploring the following main issues: intellectual property (IP) conceptsunderpinning patent law; patentable subject matter and excluded subjectmatter, including biotechnologies and computer generated inventions; keyconcepts of patent law, including novelty and inventive step; substantiveapplication formalities including sufficiency of disclosure; entitlement andownership including employee inventions; and infringement.

Module description and aims

The module seeks to introduce students to the core legal principlesunderpinning IP law generally and patent law in particular. The concepts,issues, and problems developed and identified within the module areconsidered within the framework of the broader economic and practicalapplication of the law. This module will equip students with the knowledge andskills to understand and critically assess the ongoing development of patentlaw and its application to businesses and to the wider economic, political, andsocial context.

Aims

The aim of this Module is to equip students with the knowledge and skills tounderstand and critically assess key issues related to the ongoingdevelopment of UK patent law, and to its application to current situations inincreasingly international business, economic, political, and cultural contexts.

Learning outcomes

By the end of the Module, the student will be able to


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Demonstrate thorough knowledge of the legal principles underpinningintellectual 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 onlineinteractions. The self-study materials will provide you with a foundation fordirected study and reflection. The reflective questions will be clearlysignposted to enable you to undertake independent study and complete theassignment. The online Discussions will be based on designated readingmaterials. Initially you will need to submit your responses to a set of structuredquestions based on the topic being studied. You will then take part in thediscussion of key issues and developments. You are encouraged to shareyour 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 thetopics and level of competence that you should achieve on completion of thatpart. Assignments include Discussion questions, Hand-in Assignmentexercises, 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 eightweekly themes in the Module

Recommended reading relating to the topics within the weekly themeReferences to and extracts from relevant statutory and case lawHyperlinks to Web-based materials about the topics in each weeklytheme

Lecture Notes

Each weeks theme is made up of several topics. The Lecture Notes for theweek introduce and explain these topics. The Lecture Notes are also available


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as recorded sound files. However, you should note that the sound files maydiffer slightly from the text versions. For example, the full references tosources, Internet addresses, and so on, are given only in the text files. Youcan listen to the recorded versions of the Lecture Notes as many times as youwant 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 eachtopic 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 tocomplete the recommended reading because your online interactions andyour assessed work depend on it.

Online interactions

You will have regular online interaction with other students and the Instructorin order to help consolidate your understanding of theoretical concepts and todevelop your skills through Discussion and exercises. The content of theseonline contact sessions will relate to the materials covered each week and willinclude Discussion Questions set by the Module Instructor and Hand-inAssignment questions, both of which will be assessed.

Text and software

The required texts for the Patent Law (MONLAU) Module appear in theweekly 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 Act2004) [Online]. Available from:http://www.ipo.gov.uk/pro-types/pro-patent/p-law/p-legislation.htm.
http://www.ipo.gov.uk/pro-types/pro-patent/p-law/p-legislation.htmhttp://www.ipo.gov.uk/pro-types/pro-patent/p-law/p-legislation.htmhttp://www.ipo.gov.uk/pro-types/pro-patent/p-law/p-legislation.htmhttp://www.ipo.gov.uk/pro-types/pro-patent/p-law/p-legislation.htmhttp://www.ipo.gov.uk/pro-types/pro-patent/p-law/p-legislation.htmhttp://www.ipo.gov.uk/pro-types/pro-patent/p-law/p-legislation.htm


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The Patents Rules 2007 (SI 2007 No. 3291): Patents (Fees) Rules 2007 (SI2007 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 Dec2007. 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/0/7FD20618D28E9FBFC125743900678657/$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 LillyvHuman GenomeEli Sciences [2010] EWCA Civ 33 (Court ofAppeal 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)
http://www.ipo.gov.uk/patentrules2007.pdfhttp://www.ipo.gov.uk/patentrules2007.pdfhttp://www.ipo.gov.uk/patentrules2007.pdfhttp://documents.epo.org/projects/babylon/eponet.nsf/0/7FD20618D28E9FBFC125743900678657/$File/London_Agreement.pdfhttp://documents.epo.org/projects/babylon/eponet.nsf/0/7FD20618D28E9FBFC125743900678657/$File/London_Agreement.pdfhttp://documents.epo.org/projects/babylon/eponet.nsf/0/7FD20618D28E9FBFC125743900678657/$File/London_Agreement.pdfhttp://www.wipo.int/pct/en/texts/articles/atoc.htmhttp://www.wipo.int/pct/en/texts/articles/atoc.htmhttp://www.ipo.gov.uk/http://www.ipo.gov.uk/http://www.ipo.gov.uk/http://www.epo.org/http://www.epo.org/http://www.epo.org/http://www.epo.org/http://www.ipo.gov.uk/http://www.wipo.int/pct/en/texts/articles/atoc.htmhttp://documents.epo.org/projects/babylon/eponet.nsf/0/7FD20618D28E9FBFC125743900678657/$File/London_Agreement.pdfhttp://documents.epo.org/projects/babylon/eponet.nsf/0/7FD20618D28E9FBFC125743900678657/$File/London_Agreement.pdfhttp://www.ipo.gov.uk/patentrules2007.pdf


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T19/90 Harvard/Onco-Mouse (OJ EPO 1990, 476);and the EPOsOpposition Divisionin considering the Onco-Mouse (Decisionof theOpposition 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 toBiotechnological Inventions in the Intellectual Property Office, April 2009.Available at:http://www.ipo.gov.uk/biotech.pdf.

Week 3


Cases:

Synthon BVvSmithkline Beecham Plc[2005] UKHL 59. Available

from:http://www.parliament.the-stationery-office.co.uk/pa/ld200506/ldjudgmt/jd051020/synth.pdf)

Merrell Dowv Norton [1996] RPC 76

Lux Traffic Controls Ltd v. Pike Signals Ltd [1993] RPC 107

Week 4


Cases:

Actavis v Novartis [2009] EWHC 41 (Ch). (Applying Conorpatent notobvious based on motive and expectation of success but technicallyobvious and invalid).

Conor v Angiotech [2008] UKHL 49. (On the question of obviousness.)

Pozzoli SpAvBDMO SA [2007] EWCA Civ 588. (on the assessmentgenerally.)
http://www.ipo.gov.uk/practice-sec-004.pdfhttp://www.ipo.gov.uk/practice-sec-004.pdfhttp://www.ipo.gov.uk/biotech.pdfhttp://www.ipo.gov.uk/biotech.pdfhttp://www.ipo.gov.uk/biotech.pdfhttp://www.parliament.the-stationery-office.co.uk/pa/ld200506/ldjudgmt/jd051020/synth.pdfhttp://www.parliament.the-stationery-office.co.uk/pa/ld200506/ldjudgmt/jd051020/synth.pdfhttp://www.parliament.the-stationery-office.co.uk/pa/ld200506/ldjudgmt/jd051020/synth.pdfhttp://www.parliament.the-stationery-office.co.uk/pa/ld200506/ldjudgmt/jd051020/synth.pdfhttp://www.parliament.the-stationery-office.co.uk/pa/ld200506/ldjudgmt/jd051020/synth.pdfhttp://www.parliament.the-stationery-office.co.uk/pa/ld200506/ldjudgmt/jd051020/synth.pdfhttp://www.ipo.gov.uk/biotech.pdfhttp://www.ipo.gov.uk/practice-sec-004.pdf


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Rockwater Ltd v Technip France SA [2004] EWCA (Civ) 381. (On thecharacteristics of the hypothetical addressee.)

Beloit Technologies Inc. vValmet Paper Machinery Inc[1997] RPC489. (On what amounts to common general knowledge.)

HabermanvJackel International Ltd[1999] FSR 683 (On relevantfactors in deciding obviousness.)

IPO The Inventive Step Requirement in United Kingdom Patent Law andPractice (IPO Consultation document, Feb 2006 available at

http://www.ipo.gov.uk/consult-inventive.pdf) and Public consultation on levelof the inventive step required for obtaining patentsthe Governmentsresponse (IPO Consultation summary, 5 Feb 2007, available athttp://www.ipo.gov.uk/press-release-20070205.htm).

Week 5


Cases:Generics (UK) Ltdv H Lundbeck A/S [2009] UKHL 12 on appeal from[2008] EWCA Civ 311. Availablefrom:http://www.publications.parliament.uk/pa/ld200809/ldjudgmt/jd090225/gener-1.htm

BiogenvMedeva [1997] RPC 1

No FumevPitchford[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 Ltdv Comptroller[2008] EWCA Civ 1066

Aerotel Ltd v Telco Holdings Ltd

Macrossans Application [2006] EWCA Civ 1371
http://www.ipo.gov.uk/consult-inventive.pdfhttp://www.ipo.gov.uk/consult-inventive.pdfhttp://www.ipo.gov.uk/press-release-20070205.htmhttp://www.ipo.gov.uk/press-release-20070205.htmhttp://www.publications.parliament.uk/pa/ld200809/ldjudgmt/jd090225/gener-1.htmhttp://www.publications.parliament.uk/pa/ld200809/ldjudgmt/jd090225/gener-1.htmhttp://www.publications.parliament.uk/pa/ld200809/ldjudgmt/jd090225/gener-1.htmhttp://www.publications.parliament.uk/pa/ld200809/ldjudgmt/jd090225/gener-1.htmhttp://www.publications.parliament.uk/pa/ld200809/ldjudgmt/jd090225/gener-1.htmhttp://www.publications.parliament.uk/pa/ld200809/ldjudgmt/jd090225/gener-1.htmhttp://www.ipo.gov.uk/press-release-20070205.htmhttp://www.ipo.gov.uk/consult-inventive.pdf


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Week 7


Cases:Yeda Research & Development Cov Rhone-Poulenc RorerInternational Holdings Inc[2007] UKHL 43. (On entitlement.) Availablefrom:

http://www.publications.parliament.uk/pa/ld200607/ldjudgmt/jd071024/yeda-1.htm

LIFFEv. Pinkava [2007] EWCA Civ 217

Kellyv GE Healthcare Ltd[2009] EWHC 181 (Pat). (On employeeinventions.)

Week 8


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
http://www.publications.parliament.uk/pa/ld200607/ldjudgmt/jd071024/yeda-1.htmhttp://www.publications.parliament.uk/pa/ld200607/ldjudgmt/jd071024/yeda-1.htmhttp://www.publications.parliament.uk/pa/ld200607/ldjudgmt/jd071024/yeda-1.htmhttp://www.ipo.gov.uk/types/patent/p-dispute.htmhttp://www.ipo.gov.uk/types/patent/p-dispute.htmhttp://www.ipo.gov.uk/types/patent/p-dispute.htmhttp://www.publications.parliament.uk/pa/ld200607/ldjudgmt/jd071024/yeda-1.htmhttp://www.publications.parliament.uk/pa/ld200607/ldjudgmt/jd071024/yeda-1.htm


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You will need an audio player, such as Windows Media Player, if you want tolisten to the recorded version of the Lecture Notes. (The text version is alsoprovided, so you do not have to listen to the audio files if you prefer the writtentext).

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) inresponse to fellow student submissionsHand-in Assignments (HA) in Weeks 2, 3, 5, and 7A project proposal in Week 4, an outline in Week 6, and a completedIndividual Project (FP) in Week 8

Discussion Questions

You must submit your initial response to the Discussion Question by the endof Day 3 (Saturday). A typical answer should have about 500 words, but it isthe 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 ModuleDiscussion Board.

Following the 3 out of 7 days rule, you are required to participate with follow-on postings to your peers answers, making 2-4 significant discussionquestion follow-on postings in addition to your initial response for eachDiscussion Question by the end of day 7 (Wednesday). Your postings to theDiscussion Board must occur on at least 3 individual days during the week: 1day 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. Youmay 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.


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Hand-in Assignments

You must submit your answer to the Hand-in Assignment (HA) for four of theeight weeks by the end of Day 7 (Wednesday). A typical answer should havebetween 500 and 1,000 words, but it is again the qualityof the answer thatmatters, not the number of words. Answers will be submitted to the weeklyAssignments folder but are not to be posted on the Module Discussion Board.

For both the DQ and the HA, satisfactory answers will demonstrate clearunderstanding of the topics and issues related to the assignment. Goodanswers will explain the reasons in more depth. Excellent answers will raiseappropriate critical questions. Weak answers will demonstrate only a partialgrasp of what is important in the context of the assignment. Instructors willprovide feedback about these assignments in their weekly feedback tostudents.

Final ProjectEnd 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 ofthe Module to the analysis of real-world situations or problems. Students willanalyse relevant primary and secondary sources and develop a detailedevaluation of international approaches to creating a legal framework forinformation security.

You will submit an individual project (IP) in Weeks 4 and 6. The IPs arecomponents of the Final Project intended to help you plan your work and giveyou the benefit of your Instructors feedback before your Final Project is due inWeek 8.

In Week 4, you will submit a Project Proposal, which will convey the resourcesthat you will use for your research and the organisation you are proposing foryour project. In Week 6, you will submit an Annotated Outline of your researchsources. In Week 8, you will address the comments from your Instructor andsubmit your Final Project. More details on each stage of the project are foundin the weekly areas.

Module readings


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Students are provided with weekly reading assignments, which can be foundin the weekly Readings folder.

Students are encouraged to make use of academic and professional journalsto supplement the course materials and to assist in the preparation ofassignments. Many of these can be accessed through the University ofLiverpool electronic library resources athttp://www.liv.ac.uk/library/ohecampus/index.htm

Assessment

The tables below outline the mandatory contribution in each category and therange of grades.

Component Wk 1 Wk 2 Wk 3 Wk 4 Wk 5 Wk 6 Wk 7 Wk 8

Weight% ofEOM

Discussion Question (DQ) X X X X X X X X 15%Discussion QuestionFollow-on (DQF)

X X X X X X X X15%

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 theStudent Handbook section pertaining to Grading athttp://success.ohecampus.com/index.php?mod=dcp&act=navigationindex&navigationid=3691.
http://www.liv.ac.uk/library/ohecampus/index.htmhttp://www.liv.ac.uk/library/ohecampus/index.htmhttp://success.ohecampus.com/index.php?mod=dcp&act=navigationindex&navigationid=3691http://success.ohecampus.com/index.php?mod=dcp&act=navigationindex&navigationid=3691http://success.ohecampus.com/index.php?mod=dcp&act=navigationindex&navigationid=3691http://success.ohecampus.com/index.php?mod=dcp&act=navigationindex&navigationid=3691http://success.ohecampus.com/index.php?mod=dcp&act=navigationindex&navigationid=3691http://www.liv.ac.uk/library/ohecampus/index.htm


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Syllabus by Week

----------------Week 1----------------

Theoretical and economic underpinnings of patent law

Topics

Intellectual propertyan introductionBrief history of patentsThe nature of a patentProcedure 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.


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----------------Week 2----------------

Patentable subject matter

Topics

Patentable subject matterwhat is included and excluded?

Excluded subject matterSpecific applicationsBiological subject matterImmoral 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.



comments.Hand-in Assignments:

o Submit responses to Hand-in Assignment to the weekly AssignmentsTurnitin link.


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----------------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 theDiscussion Board.

o Review responses by other students and make 24 meaningfulcomments.

Hand-in Assignments:o Submit responses to Hand-in Assignment to the weekly Assignments

Turnitin link.


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----------------Week 4----------------

Inventive step

Topics

Determining whether an invention is obvious

Person skilled in the artWhat is the invention?Is the invention obvious?

Workload





Individual Project:o Submit your proposal to the weekly Assignments Turnitin link.


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----------------Week 5----------------

Substantive application formalities: sufficiency of disclosure

Topics

Sufficiency of disclosure

ClaimsImproper 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.



comments.Hand-in Assignments:

o Submit responses to Hand-in Assignments to the weekly AssignmentsTurnitin link.


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----------------Week 6----------------

Computer programs and computer-implemented inventions (CIIs)

Topics

Introduction

Computer-implemented inventions

Workload


Discussion Questions:

o Submit your response to the Turnitin link and also post it on theDiscussion 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 thegist of each section in the report along with a list of references on thecases studied and the concepts and techniques applied.

o Submit your outline to the weekly Assignments Turnitin link.


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----------------Week 7----------------

Entitlement and ownership

Topics

Entitlement to grant

Determining who is entitled to grant

Workload


Discussion Questions:

o Submit your response to the Turnitin link and also post it on theDiscussion 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 AssignmentsTurnitin link.


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----------------Week 8----------------

Infringement

Topics

Types of infringing activity

Scope of protectionDefences to proceedings for infringementAlternative dispute resolution processes

Workload





Final Project:o Submit your final project to the weekly Assignments Turnitin link.

Llm Patent Syllabus

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