However, the claim will be construed in a purposive manner and the court will look to see whether a requirement of a claim should be construed strictly or some latitude may be possible and still achieve the same purpose. A significant change made by the 1991 Act is to provide for the first time a basis for infringement actions based on contributory infringement although this only applies if the infringing use is the only reasonable use of the product in question or the supplier has reason to believe that the product in question will be used in an infringing way. The Act also specifically provides for remedies against those who induce an infringement. Patent infringement actions may be brought in the state courts or the Federal Court, of which there is a Register in each state. For the court to have jurisdiction either the infringement must occur within its jurisdiction or a party be resident there.
Litigation follows the English model with evidence normally being given in person or by affidavit.
Anyone who gives evidence by way of affidavit must be available for cross examination at the trial unless the adverse party agrees that this is not necessary. Discovery of documents held by the adverse party is required and it is common for the court to order inspection of a plant where it is alleged that infringement occurs. Deposition of witnesses before trial does not form part of Australian practice although written interrogatories are possible. Remedies for infringement include an injunction, either damages or an account of profits made by the infringer and delivery up and destination of infringing items. Damages are intended to be compensatory and not punitive.