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Patent Infringement

Patent infringement occurs when a patented invention is used, manufactured, distributed, or sold without the permission of the patent owner or exclusive licensee.

Patent registration by the patentee provides a legal basis to prevent third parties from commercially exploiting the patented invention during the term of the patent. Any use of the patented invention without the appropriate consent of the patentee or exclusive licensee is actionable. If your patent is being infringed, then you must contact a reliable patent lawyer to guide you through the process and defend your patent in court. Our Principle is an electrical engineer and trained as a patent attorney.

EAGLEGATE Lawyers is the leading Australian IP law firm. We have a team of highly trained, qualified and experienced lawyers who experience in running patent infringement matters and training as a patent attorney. We understand how important your inventions are to your business goals, and we create patent protection strategies keeping in mind your desired outcomes.

We help clients with all aspects of patent commercialisation, litigation and prosecution. Our patent lawyers are experienced in patent matters and provide our clients with the highest quality legal representation.

Contact us today to discuss your requirements.

Rights Of A Patent Holder

A patent owner (known as a patentee) has the right to exploit or permit another person to exploit the invention which is the subject of the patent. They can authorize the third party to manufacture, sell, use, import or dispose of the patented product.

Once the patent expires, the patent holder can no longer protect their invention from use or exploitation by others.

Under the Patents Act, the patentee has a right to “exploit” the invention. The term “exploit” has a complex definition. We have broken it down into simple terms:

  • In a case where the patent is a product - exploit means to make, hire, sell or otherwise dispose of the product, or offer help to do the same.
  • In a case where the patent is a method - exploit means to use the method to produce, sell, import or distribute the product.

What To Do When Someone Is Infringing My Patent?

If you detect someone infringing your patent, you must put the infringer on notice of the infringement and demand they cease infringement. If the infringer doesn’t acknowledge your letter or continues their activities, you should consider starting an infringement claim in Court.

In terms of monetary compensation for infringement, under the Patents Act, a patentee is entitled to damages for any unlicensed use of your invention or an account of profits.

At EAGLEGATE, we identify the nature of infringement and an infringement advice. We draft cease and desist letters and letters of demand and file proceedings in Court to cease the infringement.

How Is Patent Infringement Determined?

Once the patent owner claims that their patent has been infringed, patent infringement is determined by comparing the products/ services of the infringer against the claims made by the patentee. Defences are also assessed to determine if the infringement can avoid an infringement finding in Court.

If the patent is infringed, then the next phase is to send a letter of demand or cease and desist letter.