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Patent Law

Module description

In this module, we will examine the legal rules and principles involved in Patent Law. The purpose of the module is to provide you with the opportunity to learn about and critically assess the legal regimes that exist in the UK, Europe and internationally for the protection of inventions. We will discuss and assess the substantive and procedural aspects of both current and proposed patent systems, as well as how they interact with one another. The course is designed for you to learn about and understand the area to then delve into detail on issues related to patent law, such as the unitary patent package, access to medicines, and the protection of biotechnological inventions.

Module aims - intentions of the module

The aim of the module is to provide you with an understanding of the development of patent law, and how this explains the operation of that law today. We will examine legislation, case law and academic literature to gain an awareness of how patent law is interpreted and perceived by various stakeholders. We will critically investigate the various patent law systems in Europe, the various courts that decide on these issues, and how they interact with one another. Finally, we will use our knowledge of the patent system to analyse long-standing and contemporary issues related to the patent system, such as access to medicines, the treatment of small and medium-sized enterprises, and the patentability of biotechnological inventions. The course is designed to make you think critically about the function of patent law within society, so that you can consider the broader cultural complexities involved.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

• 1. demonstrate deep and systematic knowledge and understanding of the law relating to patents and an extensive range of major concepts, values and principles relevant to its application;
• 2. undertake complex critical evaluation, comparing, analysing and synthesising the principles, rules and theories relating to the scope of protection of patent rights, using specialist literature and current research.

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

• 3. demonstrate detailed and comprehensive knowledge and understanding of a range of legal concepts, values, principles, institutions and procedures, and the capacity to evaluate systematically the relationships among them as well as their limits;
• 4. apply detailed and comprehensive legal knowledge and understanding to a problem/issue, argue alternative approaches and propose considered solutions.

ILO: Personal and key skills

On successfully completing the module you will be able to...

• 5. demonstrate effective and accurate written communication skills, relying on a broad range of resources, engage in debate effectively and confidently, and develop complex arguments and opinions, all with limited guidance;
• 6. work independently and effectively, and manage your time efficiently in preparing for scheduled learning activities and assessments.

Syllabus plan

Whilst the precise content may vary from year to year, it is envisaged that the syllabus will cover all or some of the following topics:

• Patent Law Justifications
• European Patent Systems
• Novelty
• Inventive Step
• Industrial Application and Exclusions to Patentability
• Exceptions to Patentability
• Patent Infringement and Defences
• Patents and Access to Medicines
• The Protection of Biotechnological Inventions

Learning activities and teaching methods (given in hours of study time)

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

Details of re-assessment (where required by referral or deferral)

Indicative learning resources - Basic reading

• Abbe Brown, Smita Kheria, Jane Cornwell and Marta Iljadica, Contemporary Intellectual Property: Law and Policy (5^th edn, OUP 2019)
• Lionel Bently, Brad Sherman, Dev Gangjee and Philip Johnson, Intellectual Property Law (5th edn, OUP 2018)

Indicative learning resources - Web based and electronic resources

ELE – https://vle.exeter.ac.uk/

Indicative learning resources - Other resources

IP Journals:

• European Intellectual Property Law Review (EIPR)
• International Review of Intellectual Property and Competition Law (IIC)
• Intellectual Property Quarterly (IPQ)
• Journal of Intellectual Property Law and Practice (JIPLP)

Key words search

Patent Law