When someone is infringing on your patent, sending a patent cease and desist letter is the first step in holding them accountable and protecting your intellectual property (IP). Gearhart Law routinely represents patent owners who seek to enforce their rights against potential infringers. Gearhart Law also works with companies accused of patent infringement and can help defend you against third-party claims. Contact Gearhart Law if you receive a Cease and Desist letter and we can help plan an appropriate defense.
Patent law is highly complex, meaning situations involving a patent cease and desist letter are best handled by an experienced patent attorney. Allowing them to represent you in the matter helps ensure your patented property stays protected.
Gearhart Law is a New Jersey law firm that focuses on legal issues surrounding patents, trademarks, and copyrights. Call our firm today to learn how an experienced New Jersey patent lawyer can help with your draft or respond to a cease and desist letter.
Understanding a Patent Cease and Desist Letter
A patent cease and desist letter is a formal legal communication from a patent holder to another party, designed to inform that other party that they are, in some way, infringing upon a patent held by the sender. If the other party chooses to ignore the letter, they open themselves up to grounds for a lawsuit.
As a cease and desist letter either stops patent infringement or becomes the first step in the process of taking legal action for the misuse of patented material, it must be drafted correctly. It’s not enough to simply send a letter stating that patent infringement is occurring; instead, you must lay out a compelling legal argument that provides sufficient proof of how the patent is being infringed.
Elements of a Patent Cease and Desist Letter
A patent cease and desist letter is a legal document, meaning there is a standard for its format and content.
An effective cease and desist letter often includes the following elements:
- A list of patents being infringed on
- A clear explanation of how infringement is occurring
- Evidence of the infringement
- Demand that infringing activities stop
- The deadline for a response to the letter
- The consequences for failing to cease the patent infringement
The letter should also contain other identifying details, such as your contact information and the patent identification number. The recipient of a patent cease and desist letter isn’t legally obligated to respond, but sending such a letter is an essential initial step if you need to take legal action to protect your IP.
Working With a Patent Lawyer
Any time you know or suspect your patent is being infringed upon, you should immediately work to protect your rights by sending a cease and desist letter.
Depending on the type of patent and the nature of the infringement, allowing a third party to infringe your patent can be costly or disastrous to your business.
Likewise, if you receive a cease and desist letter for your product or service accusing you of patent infringement, you should reach out to a professional firm like Gearhart Law to help develop a strategy to best protect your interests.
Navigating a legal situation that involves patent infringement, however, requires in-depth knowledge of patent law, which is why it’s always most effective to have a patent law attorney handle the process of collecting evidence and drafting the cease and desist letter for you.
You can’t simply state that your patent has been infringed; you need to provide substantial evidence, which may include facts giving rise to the infringement. Most importantly, you need to provide a legal argument based on patent law that demonstrates how the other party’s actions amount to a patent infringement.
Winning a patent dispute isn’t always easy, either, especially if you don’t have a patent attorney working to build a compelling argument for your case. A mishandled patent cease and desist letter can easily lead to a costly legal battle that could have been avoided with a well-prepared initial letter.
How Gearhart Law Can Help With Your Patent Cease and Desist Letter
Gearhart Law is a New Jersey patent, trademark, and copyrights law firm. Our focus on patent law means we have the experience you need when you’re fighting to defend your IP.
Our New Jersey patent attorneys have spent decades successfully protecting the IP of our clients as well as defending them against infringement claims. We know how to draft or respond to a cease and desist letter.
From there, our experienced attorneys will review your case and draft a legally compelling argument demonstrating how the other party’s actions constitute a patent infringement. On top of that, we’re also available to guide you through the next stages of legal action if your letter is disregarded by the other party.
Consult Our New Jersey Patent Law Attorneys Today
Patents are the result of considerable time, effort, and resources, so when you’ve gone through all the work of patenting your intellectual property, no one should be allowed to come along and infringe on it. When you choose Gearhart Law, you know that you have experienced New Jersey patent lawyers leveraging their decades of experience to fight for your rights. Contact us today to learn how our New Jersey patent law attorneys can help.