This brochure sets outs an overview of matters concerning infringement of a patent, including a general description of what may be expected from the court process of commencing an action for infringement, as well as possible remedies and relief which may be sought. Further, some points of note in relation to evidentiary and strategic considerations prior to commencing and during court proceedings are also covered.
I. INTRODUCTION
II. RIGHTS ARISING FROM REGISTRATION OF A PATENT
III. WHAT TO DO WHERE THERE IS PATENT INFRINGEMENT
A. Establishing Patent Infringement
B. Remedies for Patent Infringement
IV. OVERVIEW OF CIVIL PROCEEDINGS
A. Analysis of the Patent vis-à-vis the Infringing Product or Process
B. Prior to Court Proceedings the Cease and Desist Letter
C. Groundless Threats of Infringement Proceedings
D. Compiling and Preserving Evidence
E. Commencement of Court Proceedings
F. Interlocutory Injunctions
G. Other Interlocutory / Summary Applications
H. Proceeding Towards A Full Hearing / Trial
I. Costs Awarded
J. Enforcing A Court's Decision
V. ALTERNATIVE DISPUTE RESOLUTION ("ADR")
VI. CONCLUSION