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When resolving patent disputes in Australia, timing is everything

Your patent dispute may well come down to a matter of timing.

If you've come up with a valuable idea for an invention and patented it, there might be times down the road where you have to step up and fight to defend that patent against infringement. If another business or individual is stepping on your rights to your intellectual property, you might be in for a messy legal dispute that will be difficult to resolve overnight.

Often, patent disputes will come down to establishing timing. Who laid claim to the invention first?

Often, these disputes will come down to establishing timing. Who laid claim to the invention first? When did you patent your product, and when did the offending party infringe on that patent? Proving that your rights have been violated requires showing exactly when the violation happened. The details mean everything.

When does your patent take effect, exactly?

Resolving a patent dispute will always require figuring out the timeline – and what's interesting is that under patent law in Australia, that calculus is beginning to change. According to Mondaq, the Federal Court of Australia recently redrew the boundary lines for recovering damages.

Before the recent ruling in Coretell Pty Ltd v Australian Mud Co Pty Ltd, you could file a claim to collect damages whenever someone infringed on your IP, even dating back to the original filing date of related parent divisional applications. Now, the court limits this to the actual filing date of child divisional applications. However this claim may still be significant.

Establishing your case with no ambiguity

If you want to win a patent infringement dispute, you can't leave anything up to chance. Because intellectual property law in Australia is so strict, it's extra important that all your documentation is in order and your case is clearly laid out. There can't be any ambiguity.


Establishing your case might require dealing with a lot of paperwork.

IP Australia emphasises that you need to prove everything – the novelty and inventiveness of your product, the exact timeline of it being patented and the specific ways in which the offending party used your product without permission. Putting all this information together can be challenging, but having a good attorney on your side can be a huge asset in this regard.

Get all the help you need with IP law

At Alder IP, we understand that your intellectual property is one of your business' most valuable assets, and there's nothing more important to you than protecting it. With this in mind, we want you to have easy access to patent lawyers in Sydney who can handle your case with ease.

Once you open a dialogue with us, we'll be happy to review your case and help you strengthen your hold on your intellectual property. Just get in touch, and we can begin that process.