Course Introduction
Introductory lecture (Fisher) (12 minutes) (vimeo version) (mp4 version)
Part I: Patent Law
Module 101: An Overview of the Patent System
- Lecture: Patent Fundamentals (Fisher)
- Part A: Obtaining Patents (29 minutes) (vimeo version) (mp4 version)
- Matt Bryan, The Patent Cooperation Treaty (24 minutes) (vimeo version) (mp4 version)
- Part B: Exploiting Patents (17 minutes) (vimeo version) (mp4 version)
- Part C: Enforcing and Challenging Patents (29 minutes) (vimeo version) (mp4 version)
- Part A: Obtaining Patents (29 minutes) (vimeo version) (mp4 version)
- Discussion Option A: Employee Inventions
- Discussion Option B: Lessons from the History of Apple
Module 102: Eligibility
- Lecture: Patentable Subject Matter (Fisher)
- Part A: Expansion [Required] (48 minutes) (vimeo version) (mp4 version)
- Part B: Harmonization [Required] (25 minutes) (vimeo version) (mp4 version)
- Part C: Contraction [Optional] (39 minutes) (vimeo version) (mp4 version)
- Discussion Option A: The TRIPS Agreement
- TRIPS Articles 27-34
- World Trade Organization, The TRIPS Provisions pertaining to Patents
- Interview with Jayashree Watal (vimeo version) (mp4 version)
- Discussion Option B: Software Patents
- Europe: European Patent Office, “Hardware and Software”
- China: “China’s new guidelines – Good news for software patents” (Deacons 2021)
- India: Barooah, “The Ping-Ponging Paradigm of Patenting Computer Programmes in India” (2020)
- South Africa: Jwambi and Kutumane v. Nedbank (ongoing)
- Kenya: Mwaura v. Kenya Industrial Property Institute (2018)
Module 103: Utility and Disclosure
- Lecture: Utility and Disclosure (Fisher)
- Part A: Utility (35 Minutes) (Vimeo version) (mp4 version)
- Part B: Disclosure (21 Minutes) (Vimeo version) (mp4 version)
- Discussion Option A: Theories of Intellectual Property
- Discussion Option B: Sufficiency
- United States: Amgen v. Sanofi, Supreme Court of the United States, 2023
- Europe: Regeneron Pharmaceuticals v. Kymab Ltd., 2020 UKSC 27
- China: Zhizhen Intelligent v. Apple (2020)
- India: Aparna Kareer and Sneha Agarwal, “Too much information or not quite enough? Experimental data in Indian patent applications” (2021)
- Lessons from COVID-19: Peter Lee, “New and Heightened Public-Private Quid Pro Quos: Leveraging Public Support to Enhance Private Technical Disclosure” (2022)
Module 104: Newness
- Lecture: Newness (Fisher)
- Part A: Novelty
- A Comparative Overview (21 minutes) (Vimeo version) (mp4 version)
- [Optional] The Idiosyncratic US System (49 minutes) (Vimeo version) (mp4 version)
- Part B: The Inventive Step (40 Minutes) (Vimeo version) (mp4 version)
- Part A: Novelty
- Discussion: The Inventive Step Requirement
Module 105: Claims
- Lecture: Patent Scope (Fisher)
- Part A: Claim Construction (51 minutes) (vimeo version) (mp4 version)
- Part B: Patent Duration (29 minutes) (vimeo version) (mp4 version)
- Discussion: Claim Drafting
- Resources:
Module 106: Infringement
- Lecture: Infringement (Fisher)
- Part A: Forbidden Conduct (40 minutes) (vimeo version) (mp4 version)
- Part B: Defenses and Limitations (32 minutes) (vimeo version) (mp4 version)
- Discussion: Exhaustion and Differential Pricing
- Select one of the following jurisdictions and be prepared to discuss during the seminar its approach to Exhaustion:
- USA: Impression Products v. Lexmark (SCOTUS 2017) [abridged]
- Europe: Katharine Stephens, “Brexit: Exhaustion of Intellectual Property rights” (2021)
- China: Hui Zhang, Richard Li, and Hanmei Wang, “Patent Exhaustion, Implied License and Contributory Infringement” (2017)
- India: Astha Sharma & Krishnaja Saseendran, “Parallel Importation under the Indian Patent Act” (2022)
- Nigeria: Okojie, “The Effects of Parallel Importation on the Nigerian Healthcare Industry” (2016)
- Select one of the following jurisdictions and be prepared to discuss during the seminar its approach to Exhaustion:
Module 107: Remedies
- Lecture: Remedies for Patent Infringement (Fisher)
- Part A: Damages and Penalties (38 minutes) (vimeo version) (mp4 version)
- Part B: Equitable Relief (42 minutes) (vimeo version) (mp4 version)
- Discussion: Patent Injunctions
- Select one of the following jurisdictions and be prepared to discuss during the seminar its approach to Injunctions:
- Europe: “Recent Developments Regarding Patent Injunctions In Germany” (Morrison Foerster, June 23, 2021)
- China: Luo Rui, “The power of administrative injunctions in patent infringement,” China Business Law Journal, November 2, 2021
- India: Natco Pharma Ltd vs Bristol Myers Squibb Holdings (Delhi High Court 2019)
- Select one of the following jurisdictions and be prepared to discuss during the seminar its approach to Injunctions:
Part II: Responding to the Global Health Crisis
Module 201: The Global Health Crisis
- Lecture: The Global Health Crisis (Fisher)
- Part A: The Contours of the Crisis (33 minutes) (vimeo version) (mp4 version)
- Part B: The Roles of Pharmaceutical Products (18 minutes) (vimeo version) (mp4 version)
- Resources:
Module 202: Improving Pharmaceutical Markets
- Lectures
- Improving Pharmaceutical Markets (Fisher) (58 minutes) (vimeo version) (mp4 version)
- Voluntary Licensing (37 minutes) (Vimeo version) (mp4 version)
- Clifford Samuel, former Senior Vice President, Gilead Sciences
- Claudio Lilienfeld, former Senior Director, International Government Affairs, Gilead Sciences
- Resources:
Module 203: Improving Intellectual Property
- Lecture: Adjusting Intellectual Property Law (Fisher)
- Part A: Developing Countries (52 minutes) (vimeo version) (mp4 version)
- Part B: Developed Countries (25 minutes) (vimeo version) (mp4 version)
- Interview with Martin Friede, Coordinator, Initiative for Vaccine Research, World Health Organization (45 minutes) (vimeo version) (mp4 version)
- Resources:
Module 204: Alternative Incentive Systems
- Lecture: Potential Alternatives to Intellectual Property: Grants, Prizes, and Regulations (Fisher)
- Part A: Carrots (27 minutes) (vimeo version) (mp4 version)
- Part B: Sticks (25 minutes) (vimeo version) (mp4 version)
- Resources:
Module 205: Looking Forward
- Lectures:
- Coronavirus: The Big Questions (Bill Gates) (interview with Financial Times, 2019) (22 minutes)
- Preparation for the Next Pandemic (Ashish Jha) (20 minutes) (Vimeo version) (mp4 version)
- Resources:
- Haochen Sun & Madhavi Sunder, “Intellectual Property, COVID-19, and the Next Pandemic: Diagnosing Problems, Developing Cures” (2022)
- Matthew Kavanagh, “Legal Paradigms and the Politics of Global COVID-19 Vaccine Access” (2022)
- Sapna Kumar & Ana Santos Rutschman, “New Licensing Avenues to Promote Public Health” (2022)
Final Examination
The final examination in the Third Edition of the PatentX course will be administered between April 20 and April 24, 2024. All students who, in the judgment of their trainers, have actively participated in 10 of the 12 weekly seminars are eligible to take the exam. The logistics are described below.
- The examination is available in pdf form HERE.
- A list of the participants in the Third Edition who took and passed the examination and thus are eligible to receive certificates is available HERE.
- Timing: Answers must be submitted by 0900 UTC on April 24. (The amount of time required to answer the exam questions well is far less than four days; the four-day window is designed to afford students flexibility in finding time to take that test.)
- Late Submissions: Examinations submitted after 0900 UTC on April 24 will be accepted only if timely submission was prevented by illness (documented by a medical professional) or serious extenuating circumstances. Determination of whether a particular examination meets these criteria will be made by the PatentX Advisory Board.
- Academic Honesty: In any work for PatentX, including the final examination, students must attribute the ideas of others properly, so as to avoid plagiarism. When a student directly copies the words of another, those words must be enclosed in quotation marks. Such quotations must be attributed to their original author. When a student paraphrases the words of another, quotation marks are not appropriate. However, the student must still attribute the ideas to their original author. Students are not required to use any particular style of citation. Students seeking additional guidance about proper attribution may wish to consult the Harvard Guide to Using Sources. Failure to quote and attribute the ideas of others properly, as described above, will result in a failing grade on the work in question as well as a failing grade in the course. Failure to abide by the instructions for the examination will also result in a failing grade both on the exam and in the course as a whole.
- Uses of Artificial Intelligence: Students are not permitted to use artificial intelligence/machine learning software (e.g., ChatGPT) to prepare, in whole or part (including initial drafts), any part of the course’s final examination.
- Grading: Each examination will be graded, using a numerical scale, by a WIPO trainer who did not teach the group in which the student was enrolled. The student’s trainer will then have an opportunity to adjust the grade (upward but not downward) if, in the trainer’s judgment, the quality of the student’s participation in the seminar manifested greater command of the material than indicated by the exam grade. Examinations near the borderline between Pass and Fail will be reviewed by Professor Fisher, whose evaluation will be final.
- Certificates: All students who pass the final examination and who participated in 10 of the 12 weekly seminars of their groups will receive a certificate from WIPO and Harvard Law School.
- Results: Students will be notified of their final course grades no later than 1200 UTC on May 17, 2024. Certificates will be distributed shortly thereafter.
- Questions: During Prof. Fisher’s office hours on April 12, he answered students’ questions concerning the format of the examination. A recording of that conversation is available HERE. To avoid unfairness, Prof. Fisher will not answer questions concerning the exam in any other context.
- Prior examinations:
Graduates
A list of the students in the First Edition of the WIPO/Harvard course who both satisfied the participation requirement and passed the final examination is available HERE.
A list of the students in the Second Edition of the WIPO/Harvard course who both satisfied the participation requirement and passed the final examination is available HERE.