Patents

Patents are a uniquely valuable asset as they represent a monopoly over the patented subject and often involve significant research and development.

Our Intellectual Property Team provides advice on all areas of patent law including:

  • The validity and enforceability of a patent, including practical and legal effects of the priority date
  • The scope of a patent and whether a competing product infringes the patent
  • Advice on enforcing a patent or defend against an infringement claim and representation in legal proceedings
  • Negotiation and drafting of contracts (including licensing) in relation to the commercialisation of patent-protected assets.

At Bennett & Philp, our Intellectual Property Team provides advice on all areas of patent law including:

Our professional team of practitioners boasts substantial IP law experience and industry experience in all kinds of patents and inventions from simple everyday tools to complex machinery, computer programs, electrical engineering, computer programming and web design. Our team has unique insight into a wide range of patents which means we can understand your patent and the nature of an alleged infringing product.

The protection or infringement of a patent is often a complicated matter involving the validity of and entitlement to a patent as well as potential infringement and defences that may exist depending on the circumstances.

From practical and strategic advice to litigation, our intellectual property team will be there with you every step of the way with prompt communication and a view to a resolution or settlement as early as possible to avoid unnecessary costs.

Our IP Team have acted on a number of court actions, many of which have become leading legal decisions within Australian patent law such as:

  • Breezway Australia (Holdings) Pty Ltd v Preference Manufacturing Pty Ltd (No 2) [2013] FCA 66
  • Mont Adventure Equipment Pty Ltd v Phoenix Leisure Group Pty Ltd [2009] FCAFC 84
  • Seafood Innovations Pty Ltd v Richard Bass Pty Ltd [2011] FCAFC 83
  • CCOM Pty Ltd v Jeijing Pty Ltd [1994] FCA 1168