Patent Law and Policy

LAWS70271 Patent Law and Policy 30 Semester 1 Postgraduate Taught Level 7 Amanda Odell-West Unit coordinator 1 FHEQ level (Framework for Higher Education Qualifications) ' Masters/Integrated Masters P4 ' European Credit Transfer & Accumulation System Rating : 15.0 This course situates UK Patent Law within European and international contexts, necessary to understand it as a global subject. Addressing areas that attract heaviest debate, The course  progresses through patent application and prosecution, patentability, claim construction and infringement to contemporary "hot" topics situated within broader policy contexts. This   year, the focus is directed to the topical issue of securing access to patented medicines and vaccines for countries with limited or no pharmaceutical manufacturing capacity in the context of a public health emergency.   This course situates UK patent law within European and international contexts, necessary to understand it as a global subject. Addressing areas that attract heaviest debate, such as the conceptual distinction between man-made “invention” and mere discovery, the role of morality in determining the patentability of inventions that consist of human, animal or plant biological material, and the impact of fundamental rights on patentability and exploitation of patent rights. The course progresses from an introduction to patents for inventions, through procedural matters (patent application and prosecution) to substantive law (the requirement for invention, patentability, claim construction and infringement). Lastly, the focus is directed to the topical issue of securing access to patented medicines and vaccines for countries with limited or no pharmaceutical manufacturing capacity in the context of a public health emergency. <ul><li style="list-style-type:disc;">Understand the general principles and concepts that shape patent law to solve legal problems. </li><li style="list-style-type:disc;">Ability to use this knowledge in sophisticated ways to support critical analysis of jurisprudence and scholarship. </li><li style="list-style-type:disc;">Enhance transferable skills, for example proficiency in oral and written communication, capacity for independent learning, and capacity for working co-operatively with others. </li><li style="list-style-type:disc;">Develop skill using research tools necessary for writing Masters-level research. </li><li style="list-style-type:disc;">Enhance capacity for independent learning.</li></ul> Understand the requirements in patent law for invention, novelty, inventive step, industrial application, exclusions, infringement, remedies and defences. Understand the value and importance of the patent system for research, technological development and economic advancement. Understand how to evaluate research and advanced scholarship in patent law. On completion of this unit successful students will: <ul><li style="list-style-type:disc;">Explain the sources of European patent law and the formal relationship between each of the instruments, demonstrating awareness of policy considerations promoted by bodies such as the World Intellectual Property Organisation and the World Health Organisation. </li><li style="list-style-type:disc;">Appraise the form and trajectory of patent law, useful to ground professional training. </li><li style="list-style-type:disc;">Write critically and analytically according to the published criteria for postgraduate taught assessment on issues raised by the course. </li><li style="list-style-type:disc;">Gain conceptual understanding to evaluate research and advanced scholarship.</li><li style="list-style-type:disc;">Demonstrate a systematic and creative approach to deal with complex issues in patent law.</li></ul> On completion of this unit successful students will: <ul><li style="list-style-type:disc;">Perform searches of the EPO patent database, explain how patent information is organised and how to use it. </li><li style="list-style-type:disc;">Be familiar with using various digital platforms and legal databases (e.g. Westlaw, Lexis).</li><li style="list-style-type:disc;">Be able to apply for a patent via the PCT, EPO and national route. Be able to classify (and explain to a client) the stages of patent prosecution. </li><li style="list-style-type:disc;">Utilise the Doha Declaration to apply the TRIPS procedure to issue a compulsory license (for a medicine). </li><li style="list-style-type:disc;">Complete legal documentation in a simulated case. </li><li style="list-style-type:disc;">Demonstrate basic knowledge of claim drafting skills.</li></ul> On completion of this unit successful students will demonstrate: <ul><li style="list-style-type:disc;">Academic legal skills relating to analysis and argumentation that may usefully be applied in practice, or further/doctoral study. </li><li style="list-style-type:disc;">Problem-solving skills, through experience of problem-based learning to break down a legal problem and apply knowledge to find an effective solution. </li><li style="list-style-type:disc;">Collaborative team working skills, by effectively working with people to devise solutions to a legal problem. </li><li style="list-style-type:disc;">Communication skills, by producing well-written, substantive legal argument, whereby legal concepts are explained (verbally and in writing). </li><li style="list-style-type:disc;">Feedback skills, by articulating the main ideas of how to effectively receive feedback, to identify one’s own areas for improvement and implement responsive change. </li><li style="list-style-type:disc;">IT skills, e.g. specialist database searching.</li></ul> Teaching on the course involves a blended approach of traditional lectures complemented with activities to support different learning styles. The “policy” component of the patent course is based on enquiry-based learning (problem-based learning). This involves students working in teams to research an area of law, collate information, produce legal advice and practice argumentation skills in simulated meetings. There are four seminars, which are facilitated by a lecturer, and a 2-hour problem-based learning workshop. Attendance at all these is compulsory. Seminar sheets are on Blackboard. The reading materials include a series of specific scholarly articles and case-law.  0 Other 100% 24 -hour on-line examination, open book. Students attempt three questions from six (mixed problem and essay questions).  100% Formative feedback is provided informally within class discussions, quizzes and seminars. Students can submit answers to a range of exam-style questions for written feedback, throughout the course. Formative feedback is also provided on non-assessed coursework, offering detailed comments on strengths and specific areas for improvement. Face to face support/feedback is available for 4 hours each teaching week during office hours.  N L Bently, B Sherman, D Gangjee and P Thompson Intellectual Property Law (OUP 2022) 0 0 300 Timetable: See School of Law PG timetable.