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If a competitor is making, using, or selling your patented invention without authorisation in Australia, our team at Brealant helps you assess the infringement, build your evidence, and pursue the right enforcement strategy.
Legal Definition of Patent Infringement
Infringement, under the Patents Act 1990, occurs when a party makes, uses, sells, or imports a product or process covered by the claims of a granted Australian patent without authorisation.
Time and Cost
Contested Federal Court proceedings can take well over a year and involve significant cost.
Validity Can Be Challenged
An infringement claim often invites a validity challenge to the patent itself.
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Contact
Reach out to Brealant with details of the suspected infringing activity.
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Search
We compare the alleged infringing product/process against your granted claims.
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Quote
Receive a service quote for the assessment and next steps.
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Pay
Proceed with secure payment for the selected services.
File
We help gather evidence and prepare the appropriate enforcement step — cease and desist, negotiation, or proceedings.
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Wait
We coordinate the chosen enforcement step, engaging litigation counsel where court action is needed.
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Response
We work toward a resolution — settlement, licence, injunction, or damages.
In Australia, infringement analysis requires a claim-by-claim comparison between your granted patent and the alleged infringing product or process. Establishing this technical picture clearly is the foundation for every option that follows, from correspondence to litigation.
Patent infringement analysis is technical and requires a rigorous, claim-by-claim comparison. Brealant's careful assessment upfront avoids weak claims and puts you in the strongest position, whether you're negotiating or heading to court.
Enforcement is a serious step, with real limits to understand
No Guaranteed Outcome
Litigation outcomes are never certain, even with a strong technical case.
Time and Cost
Contested Federal Court proceedings can take well over a year and involve significant cost.
Validity Can Be Challenged
An infringement claim often invites a validity challenge to the patent itself.
Claim Scope Limits
Enforcement can only be based on what's actually covered by the granted claims, not the invention generally.
Doesn't Always Resolve Quickly
Not every matter settles early — some proceed through the full litigation process.
Brealant gives you a candid assessment of risk, cost, and likely timeline before you commit to action.
Pursuing an infringement matter protects
Your Exclusive Rights
Your legal entitlement to control who makes, uses, or sells the patented invention.
Your Market Share
Preventing a competitor from unfairly benefiting from your patented technology.
Your Licensing Value
Protecting the commercial value of any existing or future licensing arrangements.
Your Investment
The research, development, and filing costs invested in securing the patent.
Brealant helps you assess the strength of your case before recommending an enforcement path.
Timelines vary significantly by approach
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Assessment
We compare the alleged infringing product/process against your granted claims.
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Correspondence
A cease and desist approach can resolve a matter within weeks to months.
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Negotiation
Many matters resolve through negotiation or licensing before reaching litigation.
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Litigation (If Needed)
Contested Federal Court proceedings are far more involved and can take well over a year.
Timelines depend heavily on whether the matter resolves through correspondence, negotiation, or contested proceedings.
Costs vary significantly with the approach taken
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Typically a fixed or capped professional fee for assessment and initial correspondence.
Typically a fixed or capped professional fee for assessment and initial correspondence.
Brealant will scope your matter and provide guidance on likely costs, including alternatives to full litigation.
Brealant coordinates with litigation counsel where court action is needed, while managing the patent-specific strategy throughout, so your case stays technically grounded from first assessment to resolution.
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Start by documenting the suspected infringing activity and speak with a patent attorney before contacting the other party — an early legal assessment shapes your options.
Remedies can include injunctions, damages or an account of profits, and in some cases additional damages for flagrant infringement.
No — many are resolved through cease and desist correspondence, negotiation, or licensing before reaching litigation.
Brealant coordinates with litigation counsel for court proceedings while managing the patent-specific strategy throughout.
Yes, an infringement claim often invites a validity challenge, so Brealant assesses this risk as part of the initial strategy.
Claims are generally subject to a 6-year limitation period from the date of the infringing act, so early action preserves your options.
Yes, IP Australia's Notice of Objection scheme allows patent owners to ask the Australian Border Force to seize suspected infringing imports in certain circumstances.
Costs vary enormously with complexity and whether the matter settles or proceeds to trial — Brealant provides an early assessment and staged cost estimates before litigation begins.
Yes, converting an infringement situation into a licensing arrangement is a common commercial resolution, particularly where ongoing collaboration is beneficial.
Yes, we can provide a claim-by-claim infringement analysis to assess the strength of your position before recommending next steps.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business.
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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