Patent Infringement Demand Letter Template for Australia

When you discover unauthorised use of your patented invention, a Patent Infringement Demand Letter serves as your first line of legal defence under Australian patent law. This formal document notifies the alleged infringer of their violation while establishing your intent to enforce your patent rights through the proper legal channels.

When do you need this document?

You need a Patent Infringement Demand Letter when you've identified products, services, or processes that appear to infringe your registered patent rights. This includes situations where competitors are manufacturing, selling, or importing goods that incorporate your patented technology without permission. The letter is essential when dealing with direct infringement, where someone makes or uses your exact invention, or indirect infringement, where they contribute to or induce others to infringe. You'll also need this document when licensing negotiations have failed and formal enforcement action becomes necessary. Manufacturing companies often require this letter when overseas suppliers are producing infringing products for the Australian market.

Key legal considerations

Your demand letter must carefully navigate the unjustified threats provisions under sections 128-133 of the Patents Act 1990 (Cth). These sections protect against groundless threats of patent infringement proceedings, meaning your letter must be factual and well-founded to avoid potential liability. The document should include specific patent details, including registration numbers, grant dates, and relevant claims being infringed. You must provide clear evidence of how the recipient's activities constitute infringement, avoiding vague or overly broad allegations. The letter should specify your demands, whether seeking cessation of infringing activities, payment of royalties, or both. Consider including reasonable timeframes for response and resolution to demonstrate good faith efforts at dispute resolution, which may be relevant under the Civil Dispute Resolution Act 2011 (Cth).

Legal requirements in Australia

Under Australian law, your Patent Infringement Demand Letter must comply with several specific requirements to be legally effective. The Patents Act 1990 (Cth) requires that any threat of legal proceedings be justified and based on reasonable grounds. Your letter must identify the specific patent(s) by number and title, demonstrate your legal standing as patent owner or exclusive licensee, and provide sufficient detail about the alleged infringement. The Federal Court of Australia Act 1976 establishes procedures for patent litigation, making pre-litigation correspondence crucial for demonstrating attempts at resolution. Your letter should also consider the Competition and Consumer Act 2010 (Cth) requirements regarding misleading or deceptive conduct, ensuring all statements are accurate and supportable. The Patents Regulations 2021 provide additional procedural requirements for patent enforcement correspondence, including proper service and documentation standards.