My product is covered by my Australian patent but another Australian company has copied it and are manufacturing it in Australia and selling it overseas to a country I have no patent rights, are they allowed to do this.

  • 1
    I’m not a lawyer, but I believe the answer is no. You really should consult with an Australian patent attorney. – Eric Shain Jun 29 at 16:12
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    Patents generally covering making, selling, offering for sale, importing and using. If they are making it in Australia that would something that is an infringing act regardless of where they are selling it. – George White Jun 29 at 17:33

I have no idea about Australian law, but I think in the US you would be able to sue. I remember hearing in some podcast about a decision of a court that that selling kits for a patented technology to be sold out of the US was not allowed. I don't remember if they were able to get an injunction, but they were allowed damages.

But this is really a hard question and would depend on Australian law.

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