Patent Infringement Disputes and Litigation
Why protect against patent infringement?
A patent provides the owner with a monopoly to exploit the invention to the exclusion of all others. Depending on the type of patent granted, this right extends for an eight- (innovative patent) or twenty- year (standard patent) period.
Given the value and investment in a patented invention, it is important to protect the patent from infringement, breaches and violation through effective dispute resolution techniques or, if necessary, patent litigation.
Disputing the unauthorised use of your patent by a competitor and preventing further patent infringement:
- protects your market share
- protects your resulting revenue
- protects your market reputation from inferior like products or processes
- increases the commercial value of your patent and business.
- Defending unfounded claims of patent infringement made against you by a competitor offers the same benefits.
What are the different types of patent disputes?
A patent dispute can arise in two ways:
- a competitor, without your authority, is exploiting your product or process which falls within the scope of your patent
- a competitor considers you are exploiting a product or process which falls within the scope of their patent.
Conduct constituting patent infringement includes making, hiring, selling or otherwise disposing of the patented product/process, or otherwise offering to do so.
Getting specialist advice on how best to deal with patent disputes is vital.
What options do I have to resolve a patent infringement dispute?
There are two options in resolving an infringement of your patent, or a claim of infringement against you by another party.
Patent dispute resolution
While an aggressive patent litigation strategy might be the best approach in some circumstances, often the preferable commercial outcome (particularly when defending a patent infringement claim) is to use alternative dispute resolution (ADR) methods such as negotiation, mediation or conciliation to facilitate communication between the parties to reach a settlement to the dispute. ADR can be court-ordered or privately organised.
In all patent infringement disputes, we consider whether ADR is a viable option, as dispute resolution will minimise costs and legal liability by avoiding a potential lawsuit. Patent disputes and litigation can sometimes be an unwanted distraction from your day-to-day business.
While we will always facilitate settlement where appropriate, sometimes the adoption of an aggressive patent litigation strategy is either unavoidable or a necessary commercial strategy. We keep you informed with regular updates at every stage, so you can follow the progress and costs of litigation. At the start of any litigation we provide you with a clear roadmap showing how a matter might unfold, with timeframes and costs associated with each of those stages.
Our patent lawyers have litigated in various jurisdictions including the Federal Court. Our patent attorneys team puts a wealth of intellectual property experience at your service to devise a strategy tailored to you and your business needs.
How can Actuate IP assist?
Actuate IP’s patent lawyers and patent attorneys will work with you to manage the dispute and litigation process, keeping you informed at all times of progress and costings.
We can advise as to the best strategy for resolving a patent infringement in the most effective and cost-efficient manner.