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PO & F Lawyers - Phillips Ormonde & Fitzpatrick



Our Professionals

Phillips Ormonde & Fitzpatrick Lawyers



PHILLIPS ORMONDE & FITZPATRICK LAWYERS is associated with one of Australia's oldest patent attorney firms, PHILLIPS ORMONDE & FITZPATRICK patent and trade mark attorneys. PHILLIPS ORMONDE & FITZPATRICK LAWYERS provides services exclusively in relation to intellectual property and related areas of law.

The legal services provided by PHILLIPS ORMONDE & FITZPATRICK LAWYERS include the conduct of litigation in relation to intellectual property disputes, such as appeals from IP Australia decisions in relation to the grant of patents and the registration of trade marks and designs, and actions for the infringement of intellectual property rights, as well as drafting and advising on all types of agreements relating to intellectual property.


WHY USE PHILLIPS ORMONDE & FITZPATRICK LAWYERS?




We practise exclusively in the intellectual property area.
In Australia, many general service or commercial law firms offer or purport to offer intellectual property services. For most, if not all of these firms, intellectual property is only part of what they do. At PHILLIPS ORMONDE & FITZPATRICK LAWYERS intellectual property is all we do. We therefore understand, and have great experience in, intellectual property matters.

We understand technical issues.
Not only are we intellectual property law specialists, we also understand technology. Intellectual property, whether it relates to patents for inventions, new software protected by copyright or industrial designs, involves technology. In many cases this is complex and new technology. In Australia, patent attorneys and lawyers have different training and qualifications. Whilst registered patent attorneys must have a technical qualification (usually a degree in a field of science or engineering) they are not necessarily legally qualified. Also, lawyers are not required to have any technical qualifications or experience. Most lawyers are not technically trained or have little if any understanding of modern technology. An important factor in being able to understand and deal with the issues that arise, particularly in patent litigation, is the ability to understand the technology involved. The majority of the lawyers at PHILLIPS ORMONDE & FITZPATRICK LAWYERS have tertiary qualifications in an aspect of science or engineering and understand the technical issues which lie at the heart of any intellectual property dispute.

Many of our lawyers are also practising patent attorneys.
Although, as noted above, lawyers and patent attorneys have different training and qualifications, it is possible to be both a lawyer and patent attorney. Many of our lawyers are also patent attorneys. PHILLIPS ORMONDE & FITZPATRICK LAWYERS considers it an advantage to our clients, that for those of us who are lawyers and patent attorneys, we practise in both disciplines, so that our knowledge of both is kept up to date. Whilst some other patent attorney firms have associated legal firms, their lawyers in the main are not practising patent attorneys and their patent attorneys are not practising lawyers. We consider that by practising in both areas we are better equipped to run, in particular patent litigation, and also be better patent attorneys.

PHILLIPS ORMONDE & FITZPATRICK LAWYERS has high-level technical support.
Not only are most of our lawyers technically trained, but we have access to further high-level technical support if and as needed for any case. As noted above, PHILLIPS ORMONDE & FITZPATRICK LAWYERS is associated with PHILLIPS ORMONDE & FITZPATRICK, which is one of Australia’s largest and most established firms of patent and trade mark attorneys. The attorneys of PHILLIPS ORMONDE & FITZPATRICK have a range of technical and in many cases high-level qualifications across all disciplines of science and engineering. Currently PHILLIPS ORMONDE & FITZPATRICK has 37 qualified patent and trade mark attorneys, many of whom are qualified to PhD level and have research and/or industry experience.

PHILLIPS ORMONDE & FITZPATRICK LAWYERS has high-level ancilliary support.
PHILLIPS ORMONDE & FITZPATRICK LAWYERS has access to high-level searching, investigation and other IT services through our associated firm IP ORGANISERS. IP ORGANISERS carries out various research activities such as prior art patent searching, patent and trade mark investigations (for example as to trade mark use) and the like. The Phillips Ormonde group has invested heavily in IP ORGANISERS and established what we consider to be the pre-eminent IP searching and research company in Australia. The Phillips Ormonde group has a large IT section, which has developed in-house data management software particularly suited to intellectual property matters. We also have a specialised case management system which enables us to manage large scale litigation cases involving huge numbers of documents, and also equips us to run “electronic trials”. Through the combined resources of PHILLIPS ORMONDE & FITZPATRICK LAWYERS, PHILLIPS ORMONDE & FITZPATRICK and IP ORGANISERS, we can handle any intellectual property case irrespective of science, technology or complexity.

Our lawyers have a range of qualifications and experience.
As noted above, many of our lawyers are qualified, experienced and actively practising patent attorneys. Other of our lawyers have extensive commercial and litigation experience gained as a result of previous work in industry and/or as barristers. Consequently, the firm as a whole has a combination of expertise and experience which enables us to provide the best quality service across the full range of IP matters.

Your file will not be handled by junior staff.
PHILLIPS ORMONDE & FITZPATRICK LAWYERS has a relatively high proportion of senior lawyers compared to junior lawyers. It is the policy of PHILLIPS ORMONDE & FITZPATRICK LAWYERS that all matters are run or closely supervised by a senior practitioner. An experienced patent litigator who is both a lawyer and a patent attorney runs every patent litigation matter. In every case this practitioner will also be a Partner of PHILLIPS ORMONDE & FITZPATRICK.

PHILLIPS ORMONDE & FITZPATRICK LAWYERS has extensive experience in running intellectual property litigation.
PHILLIPS ORMONDE & FITZPATRICK LAWYERS has acted in a large number of intellectual property cases in the Supreme Court of Victoria, the Federal Court, including the Full Federal Court, of Australia and the High Court of Australia. Our lawyers, and other patent attorneys of PHILLIPS ORMONDE & FITZPATRICK, have also acted as consultants or advisers assisting other commercial law firms in various patent cases. Many of the cases we have handled or advised in, have been part of large international disputes, involving issues of intellectual property laws in various overseas countries, including the United States or those of Europe. We have experience in litigation which concerns complex technology and which involves the handling and analysis of large numbers of documents. Both as a result of our litigation experience, and also from running opposition cases we also have extensive experience in dealing with expert witnesses, a crucial part of most intellectual property litigation.

PHILLIPS ORMONDE & FITZPATRICK LAWYERS has experience and expertise to handle transactional IP matters
It is extremely important that transactional intellectual property matters are carried out correctly. Just as a badly drawn patent specification can seriously compromise the scope of rights obtained, so can your rights be jeopardised and obligations be seriously increased, if licences, assignments and other IP documents are not carefully prepared. From time to time we are asked to advise on agreements prepared by practitioners who do not have a sufficient grounding in intellectual property law, and as a result are seriously inadequate and do not give effect to the intentions of our clients or fail to protect their best interests. As noted above, a number of our lawyers have extensive industry and commercial experience gained prior to joining our firm. This experience, combined with their work at PHILLIPS ORMONDE & FITZPATRICK LAWYERS, gives us the expertise to be able to advise on transactional IP matters and prepare necessary documentation to give effect to agreements and to properly and fully protect your interests.


 
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