Patent Infringement Letter- An Overview

Patent Infringement Letter- An Overview
Karan Singh
| Updated: Jun 03, 2021 | Category: Patent

A Patent Infringement Letter or a Cease and Desist letter is sent to an individual who is purportedly guilty of violating the Intellectual Property (IP) in question. Most of the Patent proprietors prefer suing the assumed violator or infringer of sending a pre-litigation letter. Essentially, the letter of Patent Infringement may offer an unfair benefit to the alleged infringer to sue the Patent owner in their required jurisdiction. However, sending a letter of Patent Infringement has the benefit of setting up a date for losses to start. This is not essential if the suggested product is affixed with a Patent Registration date and number. Another option is filing suit in the 1st place rather than announcing the supposed infringer via a notification.

Let’s Understand Patent Infringement Letter

Any concern share by the Patent owner to a supposed infringer in writing before filing a lawsuit can be considered as a demand letter. But, a Patent Infringement letter can be communicated for different authentic reasons. Some instances include:

  • An examination letter with a non-litigating intention to confirm whether a product covers the Patent in question;
  • A Cease and Desist (C&D) letter asking for a royalty payment/discontinuation of using the Patent;
  • An offer concerning licensing to begin negotiations; this may lead to litigation if licensing conditions are not satisfied;
  • All such demand letters are vital tools for the Patent owner who seeks to protect their IP or Intellectual Property.

Sending Letter to Infringer under Bad Belief

Sending many Patent letters to the proposed person without any purpose of filing a lawsuit is considered unfavourable. This is because neither all letters’ recipients are recognizable with the Patent Law, nor do they have access to resources to face the petition in the court. Accordingly, they may agree to a settlement or pay a licensing fee even when the concerned allegation is far from reality. This practice, in a legal purview known as sending a demand letter in bad faith or belief, is highly susceptible to possible legal actions.

Receiving a Patent Infringement Letter

Once you receive the letter from a party condemning you of Patent Infringement, talk to a Patent Attorney. Avoid misusing such letters, as doing so can guide you to the zone of heavier penalties.

A reply to such a letter must be crafted appropriately, with consideration of the following aspects:

  • Whether the Patent owner has sued other companies previously for infringement;
  • How profitable, successful and famous the Patent in pursuit is expected to be?
  • How stringent are the infringement allegations?
  • Whether you have a business association with a Patentee of any kind who sent the letter;
  • What kind of demands covered in the Patent Infringement Letter?

What are the Reasons to Send a Letter?

The majority of courts perceive the practice of sending a Patent Infringement letter as an encouraging one before filing a lawsuit. Although suing first permits you to select appropriate jurisdiction, the jury may favour the infringer if you choose a lawful proceeding without discussing it. Following are some exceptional cases for when an individual can send a Patent Infringement letter to a proposed infringer to safeguard Intellectual Property Rights.

  • Illegal duplication of patented work for the sake of profit;
  • Supposed piece of work using technology that is infringing the rights of Patent owner conferred by the Patent Act[1];
  • Invention providing something that is already delivered by the prior invention by faking patented technology.

What Information Should a Patent Infringement Letter Hold in General?

Although anyone can use a letter of Patent Infringement for different conditions, such letters are usually used by individuals who desire to safeguard their work conduct. Generally, such Patent Infringement letters provide three essential concerns given below. Based on the letters’ intent, the recipient should act accordingly:

What Information Should a Letter Hold in General?
  1. License Negotiation: The letter might be an invitation to discuss a license. For example, if the Patents fall under a stand vital Patent, they will require to obey a negotiation protocol under the suitable antitrust laws. Also, the Patent owner may want to avert litigation because of cultural revulsion, business, and cost reason. Comprehending the reasons why the Patent owner wants to negotiate will aid in any successive negotiation.
  2. Lawsuit Notice: Patent Infringement letters might perform as a lawsuit notice for the accused. Such letters are expressive and perhaps come with a complaint attached. Such letters involve that the Patent owner is concerned about your stand concerning pre-emptive petition filing and desires to have a case of their own in case the recipient is persuaded to leverage such action. The Patent owner may still wish to negotiate appropriately.
  3. Pro Forma Negotiation: Such letters are usually crafted in a pleasant tone; however, they can be similarly misleading as they may contain demands that are unfeasible & decorative. For instance, the Patent owner may impose a rigid deadline or ask for some actions that are harmful to the recipient. Such letters favour the Patent owner because they can hoax the recipient into meeting the unreasonable demand and even swindling them to face unanticipated legal proceedings.

Conclusion

Sending a Patent Infringement letter is the most pleasing way to avoid costly litigation. The quality of the demand letter must not be abusive or violent as it could incur severe consequences for the sender. It is better to draft such as letter under the direction of the Patent advocate so that your demand looks legitimate in front of the infringers. From an outlook of a recipient, such letters must be replied to appropriately after the in-depth examination.

Read our article:All You Should Know Before Filing a Patent Application

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Karan Singh

A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

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