Mallesons Stephen Jaques
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Patents

Patent Dispute Resolution

We have a highly developed, long established and successful patent dispute resolution practice.

Our patent team have decades of experience as lawyers and patent attorneys. We have an enviable track record in realising client’s goals in some of Australia's leading patent cases. Team members have been involved in the first Australian cases on the patentability of medical methods and business methods.

As the majority of our team hold technical and scientific qualifications, our lawyers quickly understand the technology underpinning a dispute.

We provide tailored advice on all aspects of patent law and have extensive experience of representing clients in Australian Courts at all levels and before IP Australia and the NZ patent office.

Our team have successfully conducted court cases in a wide breadth of the technologies including:

  • pharmaceuticals
  • chemicals (such as geochemicals, physical chemistry and agrichemicals)
  • biotechnology
  • medical devices
  • engineering (such as materials and electrical)
  • software
  • eCommerce/business methods
  • internet and communications
  • computer technology
  • cryptology and encryption
  • food and beverage
  • mechanical
  • digital rights management
  • plant science
  • financial services.

We regularly act for clients in oppositions before the Commission of Patents in Australia and the Commissions of Patents, Trade Marks & Designs in New Zealand. Even though these are administrative hearings, the Federal Court on appeal is constantly raising the standards for the evidence used in oppositions in Australia. We bring our Federal Court dispute experience and patent attorney experience together when working on oppositions.

The Therapeutic Goods Act requires patent certificates to be filed with respect to many applications for listing or registration. We advise clients about their obligations with respect to these patent certificates.

The patent certificates system raises strategic issues which are closely connected to patent litigation strategy. We advise clients so they are placed in the best possible tactical position to use the patent certificate system to their advantage.

 

 

“Clients return to the practice here time and again for its ‘responsive and accommodating advisers’, who are just as at home whether dealing with contentions or non-contentious matters.”

Chambers Global Guide 2006-2007