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Patent Infringement Cease and Desist Letter Template
Clearly identify your patent, describe the infringement, and demand that unauthorized use stop by a specific deadline.
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Patent Infringement Cease and Desist Letter Template
[Your Full Name or Business Name]
[Your Title, if applicable]
[Street Address]
[City, State/Province, ZIP/Postal Code, Country]
Email: [Your Email Address]
Phone: [Your Phone Number]
[Date]
[Recipient Full Name or Business Name]
[Recipient Title, if applicable]
[Street Address]
[City, State/Province, ZIP/Postal Code, Country]
Re: Cease and Desist – Patent Infringement of [Patent Number / Patent Title]
Dear [Recipient Name],
1. Parties and Patent Rights
I am [Your Full Name], the [owner / authorized representative] of the following patent rights (the “Patent Rights”):
Patent Number: [Patent Number]
Patent Title: [Patent Title]
Jurisdiction: [Country or Region of Registration]
Issue / Grant Date: [Issue/Grant Date]
Assignee / Owner: [Patent Owner Name]
The Patent Rights relate to [brief description of the patented invention, product, or process].
2. Description of Allegedly Infringing Product or Process
It has come to our attention that you, or parties under your control, are making, using, selling, offering to sell, and/or importing a product or process that appears to fall within the scope of one or more claims of the Patent Rights. Specifically, we have identified the following:
Product / Process Name: [Name or Description of Allegedly Infringing Item]
Model / Version: [Model Number or Version, if applicable]
Location(s) of Use or Sale: [Stores, websites, platforms, markets, or territories]
First Known Date of Infringing Activity: [Approximate Date]
Based on our review, the [product/process] incorporates features or steps that appear to correspond to elements of one or more claims of the Patent Rights.
3. Unauthorized Use and Alleged Infringement
You do not have a license, assignment, or other authorization from [Patent Owner Name] to practice the invention claimed in the Patent Rights.
Your activities appear to include one or more of the following acts in relation to the patented invention, without authorization:
Making or having made the product or practicing the process;
Using the product or process in the course of business;
Selling or offering to sell the product;
Importing the product into [Jurisdiction].
These activities may constitute patent infringement under applicable law.
4. Demand to Cease and Desist
Accordingly, you are hereby directed to immediately cease and desist from all activities that infringe the Patent Rights, including but not limited to:
Manufacturing or having manufactured the allegedly infringing product or practicing the allegedly infringing process;
Using, marketing, selling, or offering to sell the allegedly infringing product or process;
Importing the allegedly infringing product into any jurisdiction where the Patent Rights are in force;
Assisting or enabling others to carry out any of the above activities.
5. Required Corrective Actions
In addition to stopping all infringing activities, we require that you complete the following actions no later than [Deadline Date]:
Removal from Sale and Marketing
Remove the allegedly infringing product or process from all sales channels, including websites, online marketplaces, catalogs, and physical stores.
Inventory and Use
Provide a written description of your current inventory and location of all allegedly infringing products and any tools, components, or materials used primarily for their production.
Confirmation of Cessation
Confirm in writing that you have ceased all manufacturing, use, sale, offer for sale, and importation of the allegedly infringing product or process in all jurisdictions where the Patent Rights apply.
6. Accounting and Information Request (If Applicable)
To help assess the extent of the infringing activities, we request that you provide, by [Deadline Date]:
An accounting of all sales and revenues related to the allegedly infringing product or process, including quantities sold, dates, customers (where appropriate), and pricing;
Information about any third parties involved in manufacturing, distributing, or selling the allegedly infringing products on your behalf.
7. Opportunity to Discuss Resolution
We are prepared to review any information you wish to provide regarding your position or any potential non-infringing design alternatives. If you believe that your product or process does not infringe the Patent Rights, please set out your explanation in writing and include any relevant supporting materials.
If appropriate, we may also be open to discussing possible business resolutions, such as licensing, design modification, or other arrangements, provided that ongoing infringement is addressed and future rights are clearly defined.
8. Consequences of Non-Compliance
If we do not receive satisfactory confirmation of compliance with the demands in this letter by [Deadline Date], [Patent Owner Name] will consider all options available to protect its rights. These options may include, without limitation:
Sending notices to distributors, retailers, and online platforms involved in offering the allegedly infringing products;
Consulting with a licensed attorney about initiating legal proceedings for patent infringement;
Seeking injunctive relief, damages (including lost profits or reasonable royalties), an accounting of profits, and recovery of costs and attorneys’ fees where permitted by law.
9. Reservation of Rights
This letter is not a complete statement of all facts or legal claims relating to this matter. Nothing in this letter should be interpreted as a waiver, limitation, or election of any rights, remedies, or damages available under patent law or other applicable law. All such rights and remedies are expressly reserved.
10. Contact and Response
Please send your written response and confirmation of the actions you have taken by [Deadline Date] to:
Contact Name: [Contact Person’s Full Name]
Title: [Contact Person’s Title]
Email: [Contact Email Address]
Mailing Address: [Mailing Address for Correspondence]
Phone: [Contact Phone Number]
For clarity and record-keeping, we request that all communications regarding this matter be in writing.
Sincerely,
[Your Full Name]
[Your Title, if applicable]
[Your Business/Organization Name, if applicable]
[Signature, if printed]
[Date]
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Learn more about
Patent Infringement Cease and Desist Letter Template
Click below for detailed info on the template.
For quick answers, scroll below to see the FAQ.
Click below for detailed info on the template.
For quick answers, scroll below to see the FAQ.
PATENT INFRINGEMENT CEASE AND DESIST LETTER TEMPLATE FAQ
What is a Patent Infringement Cease and Desist Letter?
A Patent Infringement Cease and Desist Letter is a formal written notice telling a person or business that their product, process, or technology is infringing a patent and demanding that the unauthorized use stop. It typically identifies the patent, explains how it is being infringed, and lists the actions you want the other party to take.
When should I send a Patent Infringement Cease and Desist Letter?
You usually send this type of letter when you have reason to believe someone is making, using, selling, offering to sell, or importing a product or process covered by your patent without permission. It is often a first step before considering licensing discussions, a settlement, or litigation.
What should a Patent Infringement Cease and Desist Letter include?
A clear letter should identify the patent owner, list the relevant patent(s) and basic details, describe the allegedly infringing product or process, explain in general terms how it falls within the patent claims, demand that the infringing conduct stop, request information or an accounting if appropriate, and set a deadline for response while reserving all rights.
Does a cease and desist letter prove that infringement exists?
No. The letter states your position and concerns, but it is not a court decision. Patent infringement can be complex, and only a court or agreed settlement can resolve disputes definitively. The letter does, however, put the recipient on notice of your patent rights and your objection.
Can I use a cease and desist letter to start licensing discussions?
Yes. Many patent owners use an infringement letter to open a discussion that may lead to a license, design change, or settlement. The letter can invite the other party to discuss options while still clearly demanding that unauthorized use stop if no agreement is reached.
Can AI Lawyer help me customize this Patent Infringement Cease and Desist Letter?
Yes. AI Lawyer can help you adapt this Patent Infringement Cease and Desist Letter template by inserting your patent details, describing the allegedly infringing products or processes, and refining the wording so that your notice is clear, consistent, and professional.
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