Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 129A

Certain threats of infringement proceedings are always unjustifiable

  (1)   If:

  (a)   a person:

  (i)   has applied for an innovation patent, but the application has not been determined; or

  (ii)   has an innovation patent that has not been certified; and

  (b)   the person, by means of circulars, advertisements or otherwise, threatens a person with infringement proceedings or other similar proceedings in respect of the patent applied for, or the patent, as the case may be;

then, for the purposes of an application for relief under section   128 by the person threatened, the threats are unjustifiable.

Courts power to grant relief in respect of threats made by the applicant for an innovation patent or the patentee of an uncertified innovation patent

  (2)   If an application under section   128 for relief relates to threats made in respect of an innovation patent that has not been certified or an application for an innovation patent, the court may grant the applicant the relief applied for.

Courts power to grant relief in respect of threats made by the patentee of a certified innovation patent

  (3)   If an application under section   128 for relief relates to threats made in respect of a certified innovation patent, the court may grant the applicant the relief applied for unless the respondent satisfies the court that the acts about which the threats were made infringed, or would infringe, a claim that is not shown by the applicant to be invalid.