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.