Introduction

10.1 This chapter focuses on the role of Australian courts and tribunals in resolving patent disputes. The chapter outlines the current allocation of jurisdiction with respect to matters arising under the Patents Act 1990 (Cth) (Patents Act). It identifies various proposals to change the allocation of jurisdiction in order to provide greater consistency in the interpretation of patent law and to facilitate enforcement of patent rights, particularly by small and medium-sized enterprises. The chapter then considers the practices and procedures applied in patent matters in the Federal Court of Australia, which hears the great majority of Australian patent cases. The chapter concludes with a discussion of the role of assessors in providing expert advice to judges in patent proceedings.