Post-grant patent enforcement strategies – review by ACIP

Posted by Baxter IP on

Having a granted patent does not necessarily mean you will not have to deal with others who attempt to encroach upon your idea.  Competitors can often tread a fine line regarding infringement and it is up to you, the patent owner, to decide whether to enforce your patent rights.  Because of the complexity of such processes and their drawn out nature, the Advisory Council on Intellectual Property (ACIP) has recently submitted a review of the pertinent issues relating to enforcing one’s patent rights.  This may be of particular relevance to individuals and small to medium sized business enterprises, who may lack the resources and/or expertise to take on a potentially infringing third party.

The final report was presented to the Minister for Innovation, Industry, Science and Research, Senator Kim Carr, in January 2010, and is now available on the ACIP website.