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International Patent Fundamentals

Introduction

Over the past 50 years improvement in technology and level of innovations has been recognised as the most important factors of a country’s productivity growth.  It has been recognised that patent protections is a strong determinant of a country’s R&D intensity.  In view of intensification of competition, rapidly changing technologies and globalisation, a more comprehensive approach to patent practise is required.

This module identifies and defines international patent laws and practises.

Objectives

Upon completion, successful candidates will be able to:

  • Critically identify, define and critically assess the concept and components of patent law and practices
  • Critically analyse and identify international patent laws and practices
  • Interpret and discuss leading cases on patent disputes

Content

  1. Patentable inventions
  2. Right to apply for and obtain a patent, inventor-ship, ownership and employee rights
  3. Making patent applications, their search and examination, amendment and correction of applications
  4. Provisions as to patents after grant – term, unity, amendment, restoration
  5. Patents as a form of property, compulsory licenses, the patent register, securing information about patents, patent applications and inspection of documents
  6. Infringement including impact of partial validity, right to continue use, effect of publication, threats, marking
  7. Revocation of patents and putting validity in issue
  8. Applying for and obtaining a patent by national application and via the PCT, Hong Kong and China
  9. Entering national phase from an international (PCT) application
  10. Search and examination of International (PCT), Chinese and overseas patent applications
  11. Convention applications
  12. Claiming priority (under the Paris Convention and bilateral treaties)
  13. Restrictions on publication and making patent applications abroad
  14. Opposition, re-examination and revocation of overseas patents, interference proceedings
  15. Leading cases on novelty, obviousness and infringement