Dealing with patent issues can be a bit like navigating a maze, and one of the first steps you might encounter is a Patent Infringement Cease And Desist Letter Sample. This article is designed to break down what that letter is, why it's important, and what it might look like in different situations. Think of this as your friendly guide to understanding these official communications.
What is a Patent Infringement Cease And Desist Letter?
A Patent Infringement Cease And Desist Letter is a formal notice sent by the owner of a patent (or their representative) to someone who they believe is using their patented invention without permission. The goal of this letter is to inform the recipient about the alleged infringement and demand that they stop the infringing activity immediately. This is a critical first step before any legal action is taken.
These letters are serious business and typically include:
- Identification of the patent in question.
- A description of how the recipient's product or service is believed to infringe on the patent.
- A clear demand to cease and desist (meaning to stop) the infringing activity.
- A request for a response by a specific date.
- A warning that further legal action may be taken if the infringement continues.
Here’s a quick breakdown of what you might find in the letter:
| Key Component | What it Means |
|---|---|
| Patent Number | The unique identification number for the invention. |
| Infringement Claim | Why they think you're using their invention incorrectly. |
| Demand to Stop | You need to stop doing what they say is wrong. |
| Deadline | When they expect you to reply or stop. |
Example: Letter Alleging Direct Infringement of a Product
[Your Company Letterhead]
[Date]
VIA CERTIFIED MAIL AND EMAIL
[Recipient Name]
[Recipient Title]
[Recipient Company Name]
[Recipient Address]
Re: Patent Infringement of U.S. Patent No. [Patent Number] – Unauthorized use of patented technology in the [Recipient's Product Name]
Dear [Mr./Ms./Mx. Last Name],
This letter is sent on behalf of [Your Company Name] concerning the unauthorized infringement of our client’s U.S. Patent No. [Patent Number] (the “Patent”). The Patent, titled “[Patent Title],” was duly issued by the United States Patent and Trademark Office on [Issue Date]. A copy of the Patent is attached hereto for your reference.
We have reason to believe that your company, [Recipient Company Name], is manufacturing, using, offering for sale, and/or selling products that directly infringe one or more claims of the Patent. Specifically, the [Recipient's Product Name] appears to incorporate the novel and non-obvious technology described and claimed in the Patent. We have identified the following specific features of the [Recipient's Product Name] that appear to infringe claims [List specific claim numbers, e.g., 1, 5, and 12] of the Patent:
- [Describe the infringing feature 1 of the recipient's product and how it matches the patent claim].
- [Describe the infringing feature 2 of the recipient's product and how it matches the patent claim].
- [Describe the infringing feature 3 of the recipient's product and how it matches the patent claim].
As a direct result of this infringement, [Your Company Name] has suffered and continues to suffer significant damages.
Accordingly, we hereby demand that [Recipient Company Name] immediately cease and desist from any further manufacture, use, offer for sale, sale, and importation of the [Recipient's Product Name] or any other product that infringes upon the Patent.
We request that you provide written assurance within [Number] days of the date of this letter confirming that you have ceased all infringing activities and that you will not resume such activities in the future. Failure to respond or to cease infringement may compel [Your Company Name] to pursue all available legal remedies, including seeking injunctive relief, monetary damages, and attorneys’ fees.
We hope to resolve this matter amicably and without the need for litigation. Please direct your response to the undersigned.
Sincerely,
[Your Name]
[Your Title]
[Your Company Name]
[Your Contact Information]
Example: Letter Regarding Indirect Infringement (Inducement/Contributory)
[Your Company Letterhead]
[Date]
VIA CERTIFIED MAIL AND EMAIL
[Recipient Name]
[Recipient Title]
[Recipient Company Name]
[Recipient Address]
Re: Patent Infringement of U.S. Patent No. [Patent Number] – Inducement and Contributory Infringement by [Recipient's Product Name]
Dear [Mr./Ms./Mx. Last Name],
This letter serves as formal notification on behalf of [Your Company Name] regarding the infringement of U.S. Patent No. [Patent Number] (the “Patent”), titled “[Patent Title],” which was issued by the United States Patent and Trademark Office on [Issue Date].
We are aware that [Recipient Company Name] is marketing and selling [Recipient's Product Name], a component or method that, while perhaps not directly infringing the Patent on its own, is specifically designed to be used in a manner that constitutes direct infringement of the Patent. Your product enables others to practice the invention claimed in the Patent.
Specifically, the [Recipient's Product Name] is intended to be integrated with [Description of how the recipient's product is used with another product to infringe] to achieve the functionality protected by claim [List specific claim number] of the Patent. We have evidence showing that your marketing materials and instructions for the [Recipient's Product Name] encourage or instruct users to combine it with [Other Product/Method] in a way that directly infringes claim [List specific claim number].
By selling the [Recipient's Product Name] with the knowledge and intent that it will be used to infringe the Patent, [Recipient Company Name] is engaging in indirect infringement, specifically inducement and/or contributory infringement, under patent law.
We demand that [Recipient Company Name] immediately cease and desist from all activities related to the manufacture, advertisement, offering for sale, sale, and distribution of the [Recipient's Product Name] in a manner that induces or contributes to the infringement of the Patent.
Please provide written confirmation within [Number] days of the date of this letter that you have stopped all such infringing activities and that you will not engage in them in the future. Failure to comply may result in [Your Company Name] pursuing all available legal remedies.
Sincerely,
[Your Name]
[Your Title]
[Your Company Name]
[Your Contact Information]
Example: Letter Demanding Licensing Information
[Your Company Letterhead]
[Date]
VIA CERTIFIED MAIL AND EMAIL
[Recipient Name]
[Recipient Title]
[Recipient Company Name]
[Recipient Address]
Re: U.S. Patent No. [Patent Number] – Inquiry Regarding Potential Licensing
Dear [Mr./Ms./Mx. Last Name],
This letter is to inform you that [Your Company Name] is the owner of U.S. Patent No. [Patent Number], titled “[Patent Title],” which was issued on [Issue Date] by the United States Patent and Trademark Office. This patent covers [Briefly describe the technology covered by the patent].
We have observed that your company, [Recipient Company Name], may be engaged in activities that fall within the scope of our patented invention, specifically through your product/service: [Describe the recipient's product/service].
Rather than immediately asserting infringement, we are extending an opportunity for [Recipient Company Name] to explore the possibility of obtaining a license to practice the invention claimed in the Patent. We believe that a mutually beneficial licensing agreement could be reached.
We request that you contact us within [Number] days of the date of this letter to discuss potential licensing terms. Please be prepared to provide information regarding your current use of the technology, including the scope and scale of your operations related to [Describe the recipient's product/service].
Should we not receive a satisfactory response or hear from you within the specified timeframe, we reserve the right to consider our options, including further investigation into potential infringement.
We look forward to your prompt attention to this matter.
Sincerely,
[Your Name]
[Your Title]
[Your Company Name]
[Your Contact Information]
Example: Letter Threatening Litigation Without Prior Notice (Use with Caution)
[Your Company Letterhead]
[Date]
VIA OVERNIGHT COURIER AND EMAIL
[Recipient Name]
[Recipient Title]
[Recipient Company Name]
[Recipient Address]
URGENT – IMMEDIATE LEGAL ACTION REQUIRED
Re: Patent Infringement of U.S. Patent No. [Patent Number] – Immediate Cease and Desist Required to Avoid Litigation
Dear [Mr./Ms./Mx. Last Name],
This letter serves as formal notification that [Your Company Name] is the holder of U.S. Patent No. [Patent Number], titled “[Patent Title],” which was issued on [Issue Date] by the United States Patent and Trademark Office. This patent protects our proprietary technology related to [Briefly describe the technology].
Our investigation has conclusively determined that [Recipient Company Name] is infringing claims [List specific claim numbers] of the Patent through the unauthorized manufacture, use, offer for sale, and sale of the [Recipient's Product Name]. The infringing features are clearly evident in your product and are detailed in the enclosed technical analysis.
This infringement constitutes a violation of our exclusive patent rights and has caused significant harm to [Your Company Name].
DEMAND IS HEREBY MADE that [Recipient Company Name] immediately cease and desist all infringing activities, including but not limited to, the production, distribution, marketing, and sale of the [Recipient's Product Name]. Furthermore, you must provide written confirmation within **five (5) days** of the date of this letter that all infringing activities have ceased and will not be resumed.
Failure to comply with this demand within the specified timeframe will leave [Your Company Name] with no alternative but to immediately initiate legal proceedings against [Recipient Company Name] in the appropriate court of law. Such proceedings will seek all available remedies, including preliminary and permanent injunctive relief, monetary damages (including treble damages for willful infringement), and recovery of attorneys’ fees and costs.
We expect your full cooperation in resolving this matter swiftly and decisively.
Sincerely,
[Your Name]
[Your Title]
[Your Company Name]
[Your Contact Information]
Example: Letter to a Manufacturer Producing on Behalf of Another
[Your Company Letterhead]
[Date]
VIA CERTIFIED MAIL AND EMAIL
[Manufacturer Name]
[Manufacturer Title]
[Manufacturer Company Name]
[Manufacturer Address]
Re: Patent Infringement of U.S. Patent No. [Patent Number] – Unauthorized Manufacturing of Infringing Product for [Customer Company Name]
Dear [Mr./Ms./Mx. Last Name],
This letter is to inform you that [Your Company Name] is the owner of U.S. Patent No. [Patent Number], titled “[Patent Title],” which was issued on [Issue Date]. This patent covers [Briefly describe the technology covered by the patent].
We have reason to believe that [Manufacturer Company Name] is manufacturing products that infringe claims [List specific claim numbers] of the Patent. We understand that you are producing these infringing products for your client, [Customer Company Name], under the name [Product Name].
By manufacturing products that you know or should know infringe our Patent, [Manufacturer Company Name] may be liable for contributory infringement or inducement of infringement. It is your responsibility to ensure that the products you manufacture do not infringe third-party patents.
We demand that [Manufacturer Company Name] immediately cease and desist from manufacturing, assembling, or otherwise producing any product that infringes upon U.S. Patent No. [Patent Number]. This includes ceasing all production of the [Product Name] for [Customer Company Name] or any other party.
Please provide written confirmation within [Number] days of the date of this letter that you have stopped all infringing manufacturing activities and will not resume them. We have also sent a similar notification to [Customer Company Name].
We trust that you will take this matter seriously and comply with our demand to avoid potential legal action.
Sincerely,
[Your Name]
[Your Title]
[Your Company Name]
[Your Contact Information]
Example: Letter to a Retailer Selling Infringing Products
[Your Company Letterhead]
[Date]
VIA CERTIFIED MAIL AND EMAIL
[Retailer Name]
[Retailer Title]
[Retailer Company Name]
[Retailer Address]
Re: Patent Infringement of U.S. Patent No. [Patent Number] – Unauthorized Sale of Infringing Products
Dear [Mr./Ms./Mx. Last Name],
This letter is to inform you that [Your Company Name] is the owner of U.S. Patent No. [Patent Number], titled “[Patent Title],” which was issued on [Issue Date].
We have recently become aware that [Retailer Company Name] is offering for sale and/or selling products that infringe claims [List specific claim numbers] of our Patent. Specifically, the [Product Name] being sold by your stores, both online and in physical locations, incorporates technology protected by our Patent without authorization.
By selling these infringing products, [Retailer Company Name] is contributing to the infringement of our patent rights.
We demand that [Retailer Company Name] immediately cease and desist from all further sale, offer for sale, and distribution of the infringing [Product Name]. We also request that you remove this product from your inventory and inform your suppliers that this product infringes our patent.
Please provide written confirmation within [Number] days of the date of this letter that you have complied with this demand, including details of the steps you have taken to remove the infringing product and prevent its future sale. We may request proof of inventory removal.
We hope to resolve this matter without the need for legal action. Thank you for your immediate attention to this important issue.
Sincerely,
[Your Name]
[Your Title]
[Your Company Name]
[Your Contact Information]
Example: Cease and Desist Letter for Patent Pending Technology (Less Common, More Nuanced)
[Your Company Letterhead]
[Date]
VIA CERTIFIED MAIL AND EMAIL
[Recipient Name]
[Recipient Title]
[Recipient Company Name]
[Recipient Address]
Re: Notice of Pending Patent Application – Potential Infringement of Invention Related to U.S. Application Serial No. [Application Serial Number]
Dear [Mr./Ms./Mx. Last Name],
This letter is to inform you that [Your Company Name] has filed a patent application, U.S. Application Serial No. [Application Serial Number], titled “[Application Title],” which is currently pending before the United States Patent and Trademark Office. This application covers a novel invention related to [Briefly describe the technology].
While a patent has not yet been granted, we have reason to believe that your company, [Recipient Company Name], may be developing or marketing a product or service that infringes upon the claims of our pending patent application. Specifically, our review of [Recipient's Product Name or Description of Activity] suggests that it incorporates elements of our claimed invention.
Under U.S. patent law, while patent rights only fully vest upon grant, there are provisions for remedies for infringement of pending applications under certain circumstances, especially concerning damages that may accrue from the date of notice. (See 35 U.S.C. § 287(a)).
We request that you immediately cease and desist from any activities that would constitute infringement of the claims in our pending application. We also request that you refrain from introducing any new products or services that embody the invention described in our application.
Please provide written confirmation within [Number] days of the date of this letter that you have ceased such activities and will refrain from engaging in them moving forward. We are also open to discussing potential licensing opportunities should you wish to develop technology related to this area.
We reserve all rights and remedies available to us concerning our pending patent application.
Sincerely,
[Your Name]
[Your Title]
[Your Company Name]
[Your Contact Information]
In conclusion, a Patent Infringement Cease And Desist Letter Sample is a formal way for patent holders to alert others about potential patent violations and to request that those actions stop. While these letters can seem intimidating, they are often the first step in resolving patent disputes, offering an opportunity for companies to communicate and, hopefully, avoid costly legal battles. Understanding the purpose and content of these letters is key for anyone involved in developing or marketing new technologies.