Getting ownership and licensing of Australian patents right before litigation

Failure to properly document and/or record patent ownership and licenses not only can hamper the progress of infringement and revocation proceedings in Australia, but it also may have a very significant impact on the financial outcome for patentees/licensees in patent infringement proceedings. Owners and licensees of Australian patents should therefore consider carefully and formalize their chain of title and exclusive licensing arrangements, or else risk losing their patents and/or the markets they protect. Even when there is some form of written or oral agreement, for example, relating to distribution of products or services embodying the patented invention, it may not deal expressly with patent licensing issues. Even when formal licenses have been executed, the ownership and licensing arrangements relating to an Australian patent are often part of global agreements that are not crafted or implemented with the idiosyncrasies of Australian patent or contract law in mind.