Phone: +61 3 9819 3808
Level 27, 101 Collins Street
Melbourne Victoria 3000
Lawyers, attorneys and barristers in patent infringement
We are expert patent attorneys ideally placed to assist with patent infringement disputes. We maintain good relationships with a network of patent lawyers and barristers with whom we often work closely. We can put together a team to match your goals and tailor our approach to suit you. Many of our clients prefer to keeps us as their main point of contact due to our responsive and reliable service and practical advice without legalese.
Most patent attorneys are not lawyers. Likewise, most lawyers are not patent attorneys. In the context of patent infringement, both have a significant role to play.
Regardless of whether you wish to enforce a patent against someone else or someone else has threatened to enforce a patent against you, it is important to understand whether or not the patent has been (or will be) infringed and (if so) to assess whether or not a court is likely to consider the patent to be valid. These enquiries require the skills of a patent attorney.
Typically, a patent infringement dispute will commence with a “letter of demand” from the patent owner to the alleged infringer, demanding that the infringing acts stop and/or demanding payment.
If the parties can reach agreement, the dispute may be resolved by both parties signing a formal settlement agreement. Preparing such a document requires the skills of a lawyer.
A well-written settlement agreement is important to ensure that the dispute is fully and permanently resolved. For example, a poorly written agreement, or a simple verbal agreement, could lead to a dispute later on if there has been any misunderstanding as to what has been agreed upon or if one of the parties changes its mind (say, if one of the parties is a company that comes under new management).
If the parties cannot reach agreement, then court proceedings may be essential. Typically, a lawyer will become the primary advisor at this stage whilst the patent attorney plays a supporting role. A barrister will likely be engaged to assist with courtroom advocacy and advise in relation to any contentious aspects of the law.
Please contact us to discuss how we can assist.
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