Postgraduate Module Descriptor

LAWM101: Patent and Design Law

This module descriptor refers to the 2019/0 academic year.

Module Aims

The purpose of the module is to give you an awareness of the operation of the legal regimes that exist in the UK, European Union and on a wider international basis for the protection of new inventions via the patent system and in relation to novel designs via the design registration system.

  • You will be stimulated by discussion and individual/team presentations to examine the historical, economic, social and legal rationales advanced for the legal protections provided to designers and inventors.
  • Over the period of the module, you will examine arguments both for reforming and strengthening the law but in some cases possibly restricting the monopolies created by the relevant regimes on public interest grounds e.g. in controversial areas such as pharmaceuticals and biotechnological inventions.
  • You will be able to consider whether the common criticism of the patent system – that it does not work effectively for small and medium sized businesses – is a fair one and what might be done to address the concerns raised by SME’s.
  • You will develop an awareness and an ability to apply to practical situations core concepts in the law of patents and designs such as novelty, obviousness and industrial application and issues of priorities between competing inventors and designers.
  • You will gain a general awareness of the mechanics of the system in the sense of what is needed to make a valid patent or design right application and the pitfalls to be avoided.
  • You will develop an awareness of the scope of the legal rights granted to patent and design right owners and their ability to take action against infringers of their rights and the remedies available to them.
  • At all times, you will be stimulated to consider current controversies and issues that surround the operation of the patent and design systems such as the current attempts to create a unified European Union patent and the arguments for and against the centralisation of the system in the EU.

Overall, you will develop a critical and questioning attitude to this branch of intellectual property.

Intended Learning Outcomes (ILOs)

This module's assessment will evaluate your achievement of the ILOs listed here - you will see reference to these ILO numbers in the details of the assessment for this module.
On successfully completing the programme you will be able to:
Module-Specific Skills1. Demonstrate deep and systematic knowledge and understanding of the law relating to patent and design law and an extensive range of major concepts, values and principles relevant to its application;
2. Undertake complex critical evaluation of the main legal rules, institutions and procedures relevant to patent and design law, using specialist literature and current research;
3. Compare, analyse and synthesise innovatively the principle rules and theories relating to the scope of protection of patent and design rights;
4. Identify, explain and evaluate key issues in the law of patents and designs, critically and comprehensively and to apply relevant rules and a range of theories systematically;
5. Demonstrate deep and critical awareness of a wide range of legal and contextual implications of the areas of patent and design law studied;
Discipline-Specific Skills6. Demonstrate detailed and comprehensive knowledge and understanding of a range of legal concepts, values, principles and institutions and procedures, and the capacity to evaluate systematically the relationships among them as well as their limits;
7. Apply detailed and comprehensive legal knowledge and understanding to a problem/case study and to argue alternative approaches/ to propose solutions innovatively;
Personal and Key Skills8. Interact effectively, confidently and proactively within a team/learning group to share information and ideas and to clarify, plan and undertake tasks confidently and independently, individually and with others, to reflect critically on the learning process and to make use of feedback efficiently; and
9. Work independently and effectively and to manage time efficiently in preparing for scheduled learning activities, exercises and assessments.

Module Content

Syllabus Plan

Whilst the module’s precise content may vary from year to year it is envisaged that the syllabus will cover:

(1)    The general history and development of the patent system and the rationales put forward to justify the patent monopoly.   The work of the World Intellectual Property Organisation and the Paris Convention of the Protection of Industrial Property (1883 as amended).

(2)    The structure for obtaining patent protection – a domestic UK patent, a European Patent via the European Patent Office and an EU Unitary Patent and the possible extension of patent protection to countries outside the EU by use of the Patent Co-operation Treaty.

(3)    The necessary requirements for obtaining a valid patent – novelty, inventive step and industrial application, as well as the exclusions and exceptions from patent protection.

(4)    The rights and remedies of the right holder or licensee of the patent.

(5)    The defences available to the alleged infringer.

(6)    The protection of Biotech patents and the EU Directive on the Protection of Biotechnological Inventions.

(7)    The boundaries of the patent system e.g. patenting of computer programs, pharmaceutical patents and patents in relation to plants and seeds.  Whether the UK should adopt the utility patent for patents which are useful but lack the necessary inventive qualities as some other EU countries.

(8)    The protection of novel designs – an examination at EU and UK level for the obtaining registered design protection and the protection of unregistered designs and the role of artistic copyright in this area.

(9)    The role and functions of the Office of Harmonisation of the Internal Market (OHIM) in relation to the protection of designs at EU level. 

Learning and Teaching

This table provides an overview of how your hours of study for this module are allocated:

Scheduled Learning and Teaching ActivitiesGuided independent studyPlacement / study abroad
332670

...and this table provides a more detailed breakdown of the hours allocated to various study activities:

CategoryHours of study timeDescription
Scheduled learning and Teaching Activities6Two 3 hour lectures which introduce you to the history and context of the topics and will provide the foundation for independent guided study
Scheduled Learning and Teaching activities27Nine 3 hour lecturer led seminars – which will involve at least one student/team lead presentation in each seminar relating to the topic under discussion.
Guided independent study157Preparation for seminars – which will involve reading the recommended text and a cross-section of case law and critical academic article literature on the relevant topic. You would be expected to make appropriate notes on these materials to assist the making of seminar presentations and discussions of questions and issues in seminars.
Guided independent study60Preparation for formative and summative assessments
Guided independent study50Further independent research and reading and wider contextual study.

Online Resources

This module has online resources available via ELE (the Exeter Learning Environment).

Westlaw, LexisNexis, and Lawtel, as well as knowledge-based materials at relevant patent organisations such as: the European Patent Office; World Intellectual Property Organisation; the UK Intellectual Property Office; and the numerous expert blogs on the topic of patent and design law.  In relation to design law also access to the EU Intellectual Property Office (EUIPO).

 

Key Orgnaisations in patent and design field and weblinks:

UK Intellectual Property Office: http://www.ipo.gov.uk

European Patent Officde: http://www.epo.org

European Union Intellectual Property Office: https://euipo.europa.eu/ohimportal/en/

EU  Intellectual Property Gateway: http://ec.europa.eu/internal_market/intellectual-property/index_en.htm

World Intellectual Property Organisation: http://www.wipo.int/portal/en/index.html

 

Other Learning Resources

The Library holds stock of the relevant intellectual property books that cover these topics, as well are relevant journals.   Students will have access to relevant knowledge databases, the Law School subscribes such as Westlaw and LexisNexis as well as web accessible material at the UK Intellectual Property Office, the European Commission, the European Patent Office, the World Intellectual Property Organisation and the World Trade Organisation.