A patent provides the owner with a monopoly to exploit the invention to exclusion of all others.  Depending on the type of patent granted this right extends for an 8 or 20 year period. Given the value and investment often put into a patented invention, it becomes vital to protect the patent from infringement, breaches and violation.  

A patent dispute can arise in two ways:

1. A competitor, without your authority, is exploiting your product or process which falls within the scope of your patent
2. 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.  

The patent dispute process

Disputing the unauthorised use of use of your patent by a competitor and preventing their further infringement, offers the following benefits:

• Protects your market share
• Protects your resulting revenue 
• Protects your market reputation from inferior like products / processes 
• Increases the commercial value of your patent and business  

Defending unfounded claims of patent infringement by a competitor offers the same benefits as above. Implementing an appropriate defence strategy to protect your invention is equally as important as enforcing your rights against another.    

Whilst an aggressive patent litigation strategy has its place in some cases, the preferable commercial outcome when defending a patent infringement claim is to negotiate settlement and minimise costs and legal liability (thereby avoiding law suits).

Actuate IP’s patent dispute services

Actuate IP’s patent lawyers manage the dispute and litigation process closely with you throughout so you are aware at all times of progress and costings. This allows you to make the appropriate decisions for your business.  

We will facilitate settlement where appropriate, but if unavoidable will adopt an aggressive patent litigation strategy. Our lawyers have litigated in various jurisdictions including the Federal Court. Our patent attorney team has a wealth of intellectual property experience to devise a strategy to maximise best case outcomes for your business in patent infringement disputes.

Place an Online Enquiry to contact a Patent Attorney or call us on 1300 768 730.