|Book||Patent Law in Australia 1st Edition||22/12/2007||9780455224282||$269.95|
Patent Law in Australia is a specialist work for the patent attorney, intellectual property lawyer and legal professional working in the patent field.
The emphasis of this important and practical text is on the relevant statute and case law, but it also provides a valuable guide to Australian Patent Office practices. Descriptions of the practical steps involved in applying for, obtaining and maintaining a patent, and a comprehensive commentary on the law in Australia pertaining to the requirements for patentability are included. The text also discusses who may be granted a patent and the rights of patent owners and licensees, including an analysis of the nature of patent infringement. Additionally, there is a detailed description of ex parte and inter partes proceedings in the Patent Office.
Patent Law in Australia is an indispensable guide to obtaining, maintaining and enforcing patents in Australia and to challenging their validity.
Simultaneously with release of this first edition, an expanded online updating edition is also offered. Complementing the book, Patent Law in Australia Online offers access to a broader suite of content, including current legislation with substantial authored annotations to key sections of the Patents Act 1990 (Cth). The legislation is not available in the book edition.
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From: (2008) 82 ALJ 876
Reviewed by PWY
This is a significant fresh work, a comprehensive volume dealing with most aspects of patent law in Australia. As with many other aspects of law, Australian patent law closely followed the English model up until the time when the joining of England with the countries of the European Union meant that English law and Australian law to a degree separated.
The only previous book that attempted to cover Australian patent law was by Joe Bannon QC in 1984. That book occupied only 100 pages of text and then reprinted the Act and regulations. It can quickly be seen that the present work has six times the amount of discussion of the law and so is far more comprehensive.
The present work is described as “a specialist work for the patent attorney, intellectual property lawyer and legal professional working in the patent field” and so it is. It is hardly bedside reading.
The work commences with an introduction to the law of patents, both historically starting in England and also outlining the Australian system. This introduction is thorough and occupies 56 pages. The following 16 chapters deal with who may obtain a patent and under what circumstances, licensing and assignment of patents, extensions of patents, and hearings and appeals. There is also a chapter on the procedure of the patent office.
There is not much in this book that a person could use in the ordinary course of litigation. The work is solely directed to those who are practising in the field of patent law. However, it is in many respects a very esoteric branch of the law and a person who is not a regular practitioner in the field will be able, by consulting this work, to acquire a readable overview of what is involved in any stray case involving patents that might come his or her way.
The author is to be commended for filling the gap in Australian legal literature and presenting such a thorough exegesis of the patent law.