Last updated: 
30 May 2016

Once you have been granted a patent right, you should keep an eye out to make sure no one has claimed to invent something very similar or is using your patent without permission.

If you find your patent is being copied or used by someone else without your permission, it is up to you to take action against them.

Rather than waiting for someone to infringe your patent, we recommend you put a strategy in place to deal with infringement before it happens. This should be included as part of your overall commercialisation strategy.

To put you in the best position to defend against infringement, you should:

  • maintain awareness of the market
  • communicate your legal rights
  • if necessary, defend your rights through legal action.

If you believe your patent is being infringed, there are a number of actions you can take. These range from a letter of warning from your legal representative sent to the infringer, negotiations to settle out of court and, if this fails, court action. The course of action you take depends on the outcome you are seeking.

If you delay taking action it could jeopardise your legal right to obtain an injunction against an infringer.

We do not police your patent or launch legal proceedings on your behalf. As a government agency, we are not able to give advice relating to the infringement or possible infringement of your patent.

For help with handling infringement speak to an intellectual property (IP) professional.