A Patent Infringement Demand Letter is a crucial initial step in enforcing patent rights in Australia. This document is typically used when a patent owner or exclusive licensee discovers unauthorized use of their patented invention and wishes to address the infringement before initiating formal legal proceedings. The letter must carefully balance assertiveness with compliance with Australian legal requirements, particularly those relating to unjustified threats under the Patents Act 1990 (Cth). It should include specific details about the patent(s), clear evidence of infringement, and precise demands for resolution. The document is particularly important in the Australian context as it often serves as evidence of the patent holder's attempts to resolve the dispute before litigation and may influence court decisions regarding costs and remedies.
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1. Sender and Recipient Details: Full legal names and addresses of both parties, including ACN/ABN for companies
2. Patent Ownership Declaration: Clear statement of ownership of the relevant patent(s), including patent numbers and titles
3. Patent Details: Specific details of the patent(s) including grant date, priority date, and relevant claims
4. Description of Infringement: Detailed explanation of how the recipient's products/services infringe the patent(s)
5. Evidence of Infringement: Specific examples and evidence of the infringing activities
6. Demands/Remedial Actions: Clear statement of what actions are required from the recipient
7. Timeline for Response: Specific deadline for the recipient to respond and consequences of non-compliance
8. Reservation of Rights: Statement reserving all legal rights and remedies available
1. Prior Communications: Reference to any previous correspondence or discussions regarding the infringement
2. Settlement Terms: Proposed terms for resolving the dispute without litigation
3. Licensing Offer: Optional proposal for a licensing arrangement
4. Confidentiality Notice: Statement regarding the confidential nature of the communication
5. Without Prejudice: To be included if the letter contains settlement proposals
6. Undertaking Template: Draft undertaking for the recipient to sign and return
1. Schedule A - Patent Documentation: Copies of relevant patent certificates and documentation
2. Schedule B - Evidence Portfolio: Photographs, diagrams, or other evidence of infringement
3. Schedule C - Market Analysis: Analysis of the impact of infringement on the market
4. Schedule D - Draft Undertaking: Template of undertaking for the recipient to sign
5. Schedule E - Proposed License Terms: If applicable, detailed proposed licensing terms
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