A Cease and Desist Notice or Demand Letter is correspondence that is sent by the owner of a patent to the person against whom the owner has allegations that he is using the patent without owner’s permission. This letter requires the infringer to immediately cease the infringement and desist from any further violation of the patent rights of the patent owner.
If you have received a cease and desist letter from someone you have several options for responding to a demand letter:
- Respond to the letter and deny infringement if you believe that the claims contained in a letter are baseless and without any justifiable reason.
- If your use is bonafide and you have basis you can put them in the response
- You may ask more specific evidence as to why the patent owner believes you are using patented technology
- You can ask the patent owner for a license to use the patent
- You may sue the patent owner for a declaratory judgment that you do not infringe the patent claims. You can also sue to question that one or more of the patent claims are invalid.
- You cannot take plea that others are also using it.
- If the letter is deceptive you can file a complaint.
- Receiving a letter only does not mean that a suit has been filed against you.
- You can challenge the patent at the USPTO by filing a request for reexamination of the patent, or by filing an inter partes dispute such as a request for post grant review
- You can challenge a patent in court by filing a declaratory judgement to declare the patent invalid
Intellectual Property Logium assists you to send Cease and Desist letter to someone who is infringing your patent or to defend it if you have received some baseless letter with false allegations.
