PATC - Module 2

Patent Agent Training Course - Module 2: Infringement & Validity

Course instructors include past members of the Patent Agent Examination Board.

Learning objectives

This Patent Agent Training Course is an advanced, practical program primarily intended to enhance the patent agent trainee’s skills relevant to infringement and validity and to increase their chances of success in the Patent Agent Qualifying Examination.

Who will benefit from the course?

  • Patent Agent Trainees at law firms, patent agency firms, corporations and technology transfer offices seeking to gain practical experience.
  • Intellectual Property Managers who want to acquire a comprehensive understanding of the patent process.

Pre-requisites

To obtain the optimum benefits from the course it is recommended that students have at least one year of training with a qualified patent agent or patent lawyer.

Course structure

INITIAL ON-SITE SESSION

An initial 3-day classroom session will be held to introduce the core principles surrounding patent infringement and validity and to discuss the Patent Agents’ Examination. Topics covered during the session will include:

Introduction

  • Review of relevant jurisprudence
  • How to read and interpret statutes and regulations
  • Methodologies — analyzing construed claims, critical dates 

Claim construction and interpretation

  • Historical development
  • Purposive construction
  • Person of ordinary skill in the relevant art

 Infringement

  • Basis for infringement and remedies
  • Limitation periods
  • Historical development
  • Essential v. non-essential elements
  • Direct v. indirect infringement
  • Defenses to infringement

Validity

  • Presumption of validity
  • Anticipation/novelty
  • Inventive step/obviousness

Utility

  • Claim breadth/sufficiency of description/ambiguity
  • Inventorship

PRACTICAL EXERCISES

The initial session will be followed by 8 practical exercises, consisting of one exercise per week over

8 weeks. The homework will involve approximately 5 hours per week. The exercises will be submitted via e-mail to the instructors who will in turn provide comprehensive feedback on each answer received.

To find out when the next course will be offered, please write to education@ipic.ca.