Patent Infringement & Enforcement

If you need assistance with patent enforcement, talk to one of our experienced attorneys at Davies Collison Cave. We can assist with the enforcement of your patent rights and with challenging patents that may threaten your freedom to operate.

As soon as an Australian standard patent application is published, a third party can challenge its validity. These options are useful for preventing a troublesome patent application from proceeding to grant or for removing a patent of concern from the Register.

Reach out to learn more about patent enforcement and attorney services at DCC.

Options For Challenging Patents

Pre-grant Challenges

If there is a commercial interest in preventing a patent application from proceeding to grant, then a pre-grant challenge may be advisable. For example, you may be concerned that the grant of a patent application may result in infringement proceedings contrary to your interests.

Third-Party Observations: A third party can file observations with the Patent Office, which Examiners can then consider.

Patent Oppositions: A party can actively contest the grant of a patent on an application. Patent oppositions in Australia are very different from oppositions before other Patent Offices and can be procedurally complex. Significantly, it is often necessary to lodge expert evidence to support or defend an opposition.

Discretionary Re-Examination: An application can be re-examined at the discretion of the Patent Office. Discretionary re-examination is typically triggered by filing third-party observations, or when an opposition is withdrawn, and the Patent Office considers re-examination warranted based on the opposition material already on file.

Post-grant Challenges

Similarly, if there is a commercial interest in removing a patent from the Register, then post-grant revocation proceedings are available. For example, after a patent is granted, you may wish to challenge its validity to provide greater freedom to operate. Patent challenges may pre-empt infringement proceedings or be commenced in response to them.

Revocation Actions: An application may be made to a court to have a patent revoked. Special mechanisms are also available for correcting entitlement problems and resolving disputes between co-applicants.

Re-Examination Requests: A party can request, as of right, that the Patent Office re-examine a granted patent based on submissions made by that party.

Our Patent Infringement Services & Experienced Lawyers

DCC has a team of attorneys with internationally recognised experience in handling oppositions and revocation actions. As patent infringement experts based in Australia, we provide bespoke advice based on your commercial objectives and specific circumstances. In addition, our patent specialists work closely with our litigation experts to ensure that the best strategies are developed.

Our Team Can Assist With:

IP Litigation

Conducting infringement and revocation proceedings in relation to patents, trade marks, copyrights, and designs.

Enforcement strategies

Advising on strategies for enforcement of IP and related rights.

Alternative Dispute Resolution (ADR)

Advising on and participating in mediation and arbitration.

Patent Damages Experts Australia

Davies Collison Cave is your trusted partner for patent enforcement and protection. Whether you’re facing a potential patent infringement in Australia or dealing with a patent violation, our team is equipped to provide comprehensive legal support. We offer tailored solutions, from pre-grant challenges to post-grant revocations, ensuring your patent rights are upheld or potential threats are mitigated. As experts in intellectual property, our lawyers are ready to assist with any infringement issues, helping you navigate complex legal landscapes with confidence. Reach out to us today to safeguard your innovations and enforce your rights effectively.