LAW41610 Patent Law

Academic Year 2021/2022

This module examines the law and policy of the patent system. The primary focus will be on Europe, including Ireland and the UK, but students will be encouraged to conduct comparative research of jurisdictions such as the US, India and Japan, and to look at patent law and policy from an international perspective.

Topics covered vary but include: the justification for the patent system, the framework of patent law, including the proposal for a unitary patent package, the criteria for obtaining a patent, exclusions from patentability, the role of morality in the patent system and the Biotechnology Directive, patent infringement, the impact of the TRIPS agreement, and the relationship between patent law and competition law. Recent controversies concerning the relationship between vaccines and the availability of Covid vaccines and medicines will also be discussed

Students are encouraged to pursue research in areas of patent law and policy that particularly interest them.

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Curricular information is subject to change

Learning Outcomes:

Upon successful completion of this module, students will be able to

Analyse the purpose and objectives of the patent system, and current challenges facing the patent system.
Assess the framework of patent protection, and proposed reforms to that framework
Assess whether an invention is capable of patent protection
Analyse the exclusions from patentability, with particular emphasis on the role of morality and public policy
Assess how the courts establish whether a patent has been infringed
Critically analyse the relationship between the regulation of scientific developments and patents
Critically analyse the human rights implications of the globalisation of patent laws, particularly with regard to the right of access to medicine.
Critically analyse the relationship between competition law and patents

Demonstrate good legal research and writing skills,
Demonstrate good presentation and communication skills.

Indicative Module Content:

Topics covered vary but include:

The justification for the patent system,
The framework of patent law, including the proposal for a unitary patent package,
The criteria for obtaining a patent,
Exclusions from patentability,
The role of morality in the patent system and the Biotechnology Directive,
Patent infringement,
The impact of the TRIPS agreement on the patent system
Patents in the Covid crisis
The relationship between patent law and competition law.

This module also has a strong skills based element, with sessions scheduled for research skills, legal writing skills and presentation skills

Student Effort Hours: 
Student Effort Type Hours
Lectures

22
Autonomous Student Learning

230
Total

252
Approaches to Teaching and Learning:
This module is taught primarily through seminars and workshops. Seminars tend to be focused on the substantive law, while workshops will focus on skills such as legal writing skills or presentation skills. Students are expected to prepare fully for both seminars and workshops, and to participate fully in class.

Class activities will include discussion of assigned reading, debates, group work, videos, presentations, quizzes and peer review. I aim to provide an inclusive learning environment, so please don't hesitate to contact me if I can help!


 
Requirements, Exclusions and Recommendations

Not applicable to this module.


Module Requisites and Incompatibles
Not applicable to this module.
 
Assessment Strategy  
Description Timing Open Book Exam Component Scale Must Pass Component % of Final Grade
Seminar: Students will be graded on their participation in seminar activities. This includes participation in online and class discussions and exercises (as appropriate) Throughout the Trimester n/a Graded No

20
Multiple Choice Questionnaire: This quiz is to be completed on Brightspace, and will include multiple choice questions and some short answers. Week 10 n/a Graded No

20
Essay: Final Research essay, 3,000 words Week 12 n/a Graded No

40
Presentation: Individual Presentation. 4 - 5 minutes. Presentation will either be delivered live in class or recorded and shared via Brightspace . To be discussed with module coordinator Throughout the Trimester n/a Graded No

20

Carry forward of passed components
Yes
 
Resit In Terminal Exam
Summer No
Please see Student Jargon Buster for more information about remediation types and timing. 
Feedback Strategy/Strategies

• Feedback individually to students, on an activity or draft prior to summative assessment
• Group/class feedback, post-assessment
• Peer review activities

How will my Feedback be Delivered?

Feedback will primarily be provided through the seminars and in-class activities. This will be both teacher feedback and peer feedback on the research essay , with in-class workshops on draft essays Feedback will be provided online in response to the multiple choice quiz. Students will be given feedback on their presentations. There will also be a presentation workshop, where students will have an opportunity to gain feedback on their presentation skills before they give the final summative presentation.