Received a warning letter due to a patent infringement?

von Dr. Meyer-Dulheuer & Partners LLP

Have you infringed a patent with a supposed new invention? A warning letter is an established mean for patent holders to proceed against patent infringements. Even if the warning letter is an extra-judicial procedure, it is nevertheless made to prevent the patent infringement permanently like for instance a preliminary injunction. Today we would like to answer three important questions concerning this topic.

Why have I received a warning letter?

Warning letters in patent law are as usual as in trademark law or copyright. Patent owners choose this way to fight fakes and plagiarisms of their own inventions. The warning letter is an extra-judicial procedure. If you as a potential patent infringer succeed in agreeing with the patent owner in this way, it will be cheaper and less time consuming for every concerned party.

Maybe you have already received a permission request before the warning letter?! A permission request is intended to bring first light into the darkness of a possible patent infringement before the patent owner beings to proceed against you. It is a direct hint on the existing right that you could have infringed with your product. State your position concerning this permission request, preferably with the help of an attorney (that is more safe). If you’re ignoring a permission request, this would especially make you suspicious.

Which consequences has the warning letter?

A warning letter may have serious consequences. Ingoring it and hoping that nothing will happen is therefore not a good idea. Especially because a patent infringement can be much faster more expensive than for example a copyright infringement ...

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