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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.

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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.