Australia's #1 for Law

Join 11,000+ Australians. Ask a question, respond to a question and better understand the law today!

Dismiss Notice
Hi Guest, Want peace of mind with personalised legal advice today? Visit LawTap to find the right Australian lawyer and book online instantly.

VIC How to Obtain Product for Patent Infringement Evaluation?

Discussion in 'Intellectual Property Law Forum' started by Jonny667, 30 November 2016.

Tags:
  1. Jonny667

    Jonny667 Member

    Joined:
    30 November 2016
    Messages:
    2
    Likes Received:
    0
    Hi, I have a question regarding patent infringement. I will describe the situation as briefly as I can.

    I designed and manufactured a product for which I was granted a full standard patent. I sold my product to one customer only.

    A few months later, the customer stopped buying my product and went very quiet despite knowing they had a need to purchase my product. I later found out that an individual contracting to the customer started to produce (and has sold) a similar product at a lower price.

    I believe the product will infringe my patent as there are very specific features that it would require to be functional.

    My question, how do I obtain a sample of the offending product in order to have a lawyer analyse and confirm patent infringement when it is not commercially available?
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,715
    Likes Received:
    359
    If you can't buy the product, then hire a lawyer. Suspect you will need court orders.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Jonny667

    Jonny667 Member

    Joined:
    30 November 2016
    Messages:
    2
    Likes Received:
    0
    Thanks Rod, I have a lawyer currently and are about to reach this stage. Wanted to check that we weren't missing a simpler solution. Thanks for the response!
     
  4. Leonard Mancini

    LawTap Verified Lawyer

    Joined:
    4 August 2016
    Messages:
    23
    Likes Received:
    11
    You can bring preliminary discovery proceedings in the federal court. The court in those cases will order the production of the said product.

    You could also use a IP investigator to fake interest in the product and buy one if the seller is willing.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Tim W likes this.
  5. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    Joined:
    28 April 2014
    Messages:
    1,927
    Likes Received:
    451
    I agree with the above.
    Understand this however - IP investigation work is more than a gotcha mystery shopper thing.
    And what you do next to stop the infringement and recover any damages
    is also not a job for the faint-hearted.

    You would be well advised to engage a lawyer who works in the IP space
    to assist you.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  6. Leonard Mancini

    LawTap Verified Lawyer

    Joined:
    4 August 2016
    Messages:
    23
    Likes Received:
    11
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;