FB pixel

Patent Infringement

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

A granted patent provides the patentee or an excusive licensee 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 Principal is an electrical engineer and trained as a patent attorney.

EAGLEGATE Lawyers is a leading Australian IP law firm. We have a team of highly trained, qualified and experienced lawyers with experience in running patent infringement matters and training as a patent attorneys. 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 authorise 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 their invention or an account of profits.

At EAGLEGATE, we have experience in identifing the nature of the infringement and providing infringement advice. We are also highly experienced in drafting cease and desist letters and letters of demand and filing proceedings in Court to cease the infringement.

How Is Patent Infringement Determined?

If a patent owner claims that their patent has been infringed we determine whether patent infringement has occurred by comparing the products/ services of the infringer against the claims made by the patentee. Defences are also assessed to determine if the infringer can avoid an infringement finding in Court.

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

If you believe your patent has been infringed, get in touch with us today to book a free initial consultation.