Patent Cease & Desist Letter

This Patent Cease and Desist Letter is designed as a first step when enforcing patent rights. A cease and desist letter may also be described as a letter of claim or letter before action.

It is intended for use where a patent owner becomes aware of suspected infringement and wants to put the suspected infringer on notice, with the aim of resolving the matter without costly and time-consuming litigation.

Choose a softer approach or a formal cease and desist letter

The template provides two options, depending on the strength of the case and the approach the patent owner wants to take.

• the first option is softer and more informative, inviting the recipient to discuss the matter rather than requiring them to cease and desist; and
• the second option takes the more familiar cease and desist route, alleging infringement and requiring the recipient to comply with undertakings.

The letter has been reviewed for compatibility with the Intellectual Property (Unjustified Threats) Act 2017 and updated to reflect current best practice.

Important legal point: unjustified threats risk

Great care should be taken when using the stronger cease and desist option. Unless it is absolutely clear that infringement is taking place, this template should not be used and proper legal advice should be sought before contacting the suspected infringer.

Section 70A of the Patents Act 1977 sets out activities for which it is considered safe to threaten a suspected infringer with legal action.

• for a product invention, making a product for disposal or importing a product for disposal;
• for a process invention, using the process; and
• certain related threats made to a person who has done, or intends to do, those acts.

Any doubt should be referred to a lawyer before making contact with the alleged infringer.

Evidence of patent infringement

When setting out the alleged infringement, enough detail should be provided to support the allegation, but not so much that the patent owner is placed at a disadvantage.

Evidence may include specimens, photographs and other documents.

Undertakings and compensation

After setting out details of the patent and alleged infringement, the letter includes undertakings required from the recipient. The conduct to be stopped should be confined to activities for which it is safe to make an accusation.

The undertakings also require information to help calculate what sums may be due as compensation. Depending on the circumstances, this may involve seeking a full account of profits or agreeing a smaller sum to resolve matters quickly and amicably.

Where there is any doubt or disagreement, proper legal advice should be sought.

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