Patent owners are often keen to start sending off threatening letters as soon as a patent is granted. But this is not a time to over-reach. Our litigation regime is bloated. First of all, a barrister is required because they, and not solicitors, have the right to represent litigants in the Federal Court. However, a barrister usually needs to be instructed by a solicitor. The solicitor will be responsible for briefing the barrister and preparing the necessary application papers. However, it is not often that a solicitor will have a grasp of patent law. This is the role of a patent attorney. So it's not hard to understand why litigation can be expensive. Just sending off a cease-and-desist letter may start an expensive and resource-draining process. It's not wise to allow a cease-and-desist letter to be ignored. Once the decision has been made to send off the cease-and-desist letter, the patent owner should be fully committed to filing an application at the Federal Court to b
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