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

Published on
October 2017
Author
Audrey SM Yap
Managing Partner YUSARN AUDREY
Yu Sarn Chiew
Co-Managing Partner YUSARN AUDREY