If someone infringes my patent who prosecutes them?

• It is the responsibility of the person who holds the patent to enforce their rights.
• IP Australia does not enforce patent infringement.
• If you find that someone has infringed your patent you should obtain legal advice as soon as possible.
• The actions that you may take can range from:
  • sending a letter to the infringer warning them that you will take action against them if they do not stop what they are doing;
  • negotiating a resolution with the infringer which resolves the matter; or
  • court action.
• It may be necessary to obtain an injunction to prevent the infringer from using your intellectual property.
• You can use our Phone a Lawyer service to request that your choice of a specialist intellectual property lawyer or an accredited patent attorney call you for a preliminary legal consultation if you think you may need legal advice.