Resolving patent law disputes without seeing a courtroom

In a patent law dispute, things can get really contentious. That doesn’t mean a lawsuit is your first resort, though. Consider the alternatives.

If you've worked hard to draw up an invention and patent it, it's only natural to feel protective about your intellectual property. If you see someone else trying to sell a product that infringes on your IP rights, you're probably going to get angry, and you may want to take them directly to court and sue them.

Going to court is a difficult process, and it probably shouldn't be your first resort. 

At Alder IP, we're well equipped to handle those lawsuits. It's what we do. But we also know that going to court is a difficult process, and it probably shouldn't be your first resort. If you find yourself in a bitter dispute over a patent, we can help you resolve it – and you might not even need to see the inside of a courtroom.

Knowing the disadvantages of a lawsuit

If you've got a patent and someone's infringed upon it, you're well within your rights under patent law in Australia to sue them for it. But is that really the right move? The State Library of New South Wales cautions that there can be several disadvantages to going directly to court.

First of all, you can't control the outcome anymore. Once your matter goes to a courtroom, everything is at the judge's discretion, whether you like it or not – this can be risky. Secondly, there's also a great deal of stress that goes with handling a lawsuit, not to mention the time and money it will cost.

Finding alternative ways to resolve conflicts

Given the above caveats, it's understandable why many people choose alternative methods of resolving problems with intellectual property law in Australia besides going to court. To this end, IP Australia recommends first trying to resolve your conflict in writing. If you send a letter of demand to the offending party, you might be able to convince them to back off of your intellectual property without a lengthy legal fight.

See if a mediator can help you find common ground.See if a mediator can help you find common ground.

Another possible course of action is to try mediation. By talking through your conflict with a third party and finding a compromise, you may be able to avoid a messy lawsuit.

Whatever action you take, we can help

When you run a business, your intellectual property is one of your most prized possessions, and you need to defend it. Whether this means a lawsuit or not, it's still advisable to have the services of a patent attorney in Sydney who can stick up for you.

At Alder IP, we'll be ready to help you handle whatever challenges you're dealing with. We're a full-service IP practice, which means we're well equipped to deal with legal issues involving patents or any other kind of intellectual property protections.