Wednesday, March 6 2024   \  Published by Smart & Biggar.

What to do if a patent owner sends you a cease-and-desist letter

What to do if a patent owner sends you a cease-and-desist letter

A cease-and-desist (C&D) letter typically demands that the recipient stop (cease) doing something now and avoid (desist from) doing it in the future, or risk being sued. The steps you take after receiving a C&D letter can critically impact how the potential dispute affects your business (as discussed in our related IP Update regarding trademark and brand protection).

In patent disputes, C&D letters are frequently used to advise the recipient that they are infringing the patent rights of the patent holder and demanding the recipient to stop. Sometimes the patent holder may offer the recipient a license to the patent at issue. A C&D letter may fall across a spectrum of threatening to friendly, depending on the sender, the recipient, and the nature of the allegations/accusations.

If you receive correspondence that you believe is a C&D letter, stop and consider these five steps: Read more

 

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