Legal Question in Intellectual Property in Australia

Infringement (assuming of course that the "attempt" does infringe your patent).

Please note:

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PATENTS ACT 1990 - SECT 128

Application for relief from unjustified threats

(1) Where a person, by means of circulars, advertisements or otherwise, threatens a person with infringement proceedings, or other similar proceedings, a person aggrieved may apply to a prescribed court, or to another court having jurisdiction to hear and determine the application, for:

(a) a declaration that the threats are unjustifiable; and

(b) an injunction against the continuance of the threats; and

(c) the recovery of any damages sustained by the applicant as a result of the threats.

(2) Subsection (1) applies whether or not the person who made the threats is entitled to, or interested in, the patent or a patent application.

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You should, of course, get legal advice before sending any such threat.

Please contact www.computerlaw.com.au if you have any questions.