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?
Selling a new product or using a new process risks infringing a patent that you don’t know about.
Before investing in the new project, a ‘freedom to operate search’ for problematic patents may well be called for.
We can provide a pragmatic assessment of the risks and, if search is called for, frame an efficient search that provides a pragmatic degree of due diligence.
The coverage of a patent is defined by its claims. Claims are invalid unless they meet various legal requirements and can be amended from time to time.
We can advise on what patents cover and, if need be, what they validly cover how to avoid them.
Clear timely advice lets you steer clear of trouble.
It’s usually best to steer clear of trouble, but when an invalid patent stands in your way it might be time to fight.
The validity of an Australian patent or patent application can be challenged by intervening at the Patent Office and/or by applying to the Federal Court. We can advise on the best option, the prospects of success and lead the way to get it done.
It is important to move swiftly when faced with a lawyer’s letter alleging patent infringement. You need to assess the merits of the threat (Does the patent cover your product? Is it valid?) and the relevant commercial considerations, and settle on a pragmatic response.
We are ideally placed help with this assessment and formulate an informed response to the threat that may well nip the issue in the bud.
Ben has been great to deal with, understands how to communicate clearly in terminology that a layman can grasp. Works to a timetable and keeps the commercial aspects of IP in focus.
Have worked with Ben now for over 10 years on a number of projects. Can’t recommend BRM any more highly.
Ben is a highly competent patent attorney, who has helped us secure numerous patents. His honest appraisal of the risks and options, along with his technical writing skills to deliver enforceable patents, makes him the perfect fit for our company.
Ben is knowledgeable and thorough. His response time is always good and his advice is always crystal clear.
Ben is a very skilled and conscientious patent attorney. Great advice, easy to work with, well organised, and with clear communication. I highly recommend BRM.
BRM Patent Attorneys has been working with Eco Garage Doors for a number of years, Ben’s ability to understand the technical needs of the company quickly, assist us efficiently and comprehensively in achieving our patent objective.
Why BRM Patent Attorneys
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