About IP
Patents
Our legal team can work with you on infringement matters.
Infringement
Patent infringement occurs when someone makes, uses, imports or sells the invention within the country or area covered by the patent without permission.
If you believe your patent is being infringed, a patent attorney should be engaged to examine the alleged infringement and to provide formal advice as to whether the product or activity of concern constitutes an infringement of the patent.
Action for infringement is a legal proceeding. While patent attorneys will be involved, infringement actions are handled by lawyers.
Often, an infringement action will commence with correspondence to the alleged infringer. Sometimes, this is sufficient to stop infringement.
Where necessary, court action may be initiated, usually in the Federal Court. Appeals may be made to the Full Court of the Federal Court, and when leave is granted, to the High Court of Australia.
The need for litigation may be minimised through mediation and alternative dispute resolution.
