How do you know if you infringe on a patent?

Commercially savvy advice is critical when intellectual property rights are in dispute. Whether you are considering enforcing your IP or are faced with a threatening letter, good advice can make the difference between a speedy, cost-efficient resolution and a protracted dispute.

Patent infringement

Patent infringement is a complex topic, so we’ve broken it up into manageable pieces. Please contact us so that we can simplify the process for you, or read on if you prefer your information online.

Patent infringement occurs when patent rights are breached: Patent rights and what constitutes patent infringement.
Indirect patent infringement occurs when someone contributes (or does something that may contribute) to someone else infringing a patent.
The penalties for patent infringement may include an injunction to stop the infringing actions, damages (or an account of profits) and additional damages.
There are certain limited defences to patent infringement.
Innocent patent infringement occurs when a person (or company) infringes a patent without any reason to believe that any relevant patent existed.
Effectively alleging, or responding to an allegation of, patent infringement requires a range of skills: more on the roles of lawyers, attorneys and barristers in patent infringement.
It is common to challenge the validity of a patent in response to allegation of infringement.
How to proceed if your patent is being infringed.
How to respond to an allegation of infringement.
What can I do to ensure that I don’t infringe?

Please contact us to discuss how we can assist.

Frequently asked questions

What is patent infringement law?

Under Australian law, patent infringement occurs when a patented invention is made, used, imported and/or sold etc. without the permission from the patent owner.

What happens if you infringe a patent?

The owner of the patent might sue you. You might be forced to compensate the patent owner for the damage your infringement has caused to their business and/or forced to pay the patent owner any profit you have made from the infringement.

Is patent infringement a crime?

No, but there are significant penalties for patent infringement.

How is patent infringement determined?

Patent infringement is determined by comparing the imitator’s product and/or process to the claims of the patent. Each claim is a single sentence that can be thought of as a list of features. Generally speaking, to infringe a patent claim, each and every feature of the claim must be taken.

What is the penalty for patent infringement?

In Australia, financial penalties for patent infringement are paid by the infringer to the patent owner. The penalties (remedies) can include the patent owner’s choice of damages or an account of profits. Additional damages may also be awarded.