Protect, commercialise and manage your patents

Patent infringement happens when someone uses, makes, sells, or imports your invention without permission. However, enforcement is only possible if your patent is valid, granted, and active in the country where the infringement takes place.

Before taking action, first confirm that your patent is in force and meets legal requirements. Infringement is often unintentional, so a practical first step is direct communication or mediation, which can resolve issues quickly and cost-effectively. If the issue persists, follow these steps to respond to infringement.

Gather evidence

Before taking action, document the infringement. You can:

• collect samples of infringing products, advertising materials, or product listings
• take screenshots of webpages, ads or listing promoting the infringing product
• track sales activity such as pricing, availability and distribution channels
• check for import/export activity - customs records and supplier details
• record dates and instances of unauthorised use
• identify which aspects of your patent are being copied
• organise all your evidence to strengthen your case if legal action is needed

Send a cease-and-desist letter

A cease-and-desist letter is often enough to stop infringement without going to court. It serves as an official warning and shows you are serious about enforcing your rights. To issue a cease-and-desist notice, draft a formal letter where you:

• clearly state your patent rights - include the patent number, filing date, and ownership details
• describe the infringement - specify how, where, and when the unauthorised use occurred
• demand immediate action - instruct the infringer to stop using, selling, or manufacturing your invention
• outline legal consequences - warn that continued infringement may lead to litigation, financial penalties, or an injunction
• set a deadline - give a clear timeframe (eg 7 days) for a response or corrective action
• keep the tone professional - stick to facts and legal standing rather than threats
• seek legal support - a patent attorney can draft the letter for maximum impact
• keep a copy of the letter and send it via recorded delivery or email with a read receipt for proof

A cease-and-desist letter can also offer to negotiate a licence if the infringement seems unintentional or commercially viable. This can resolve disputes amicably while generating revenue from your patent.

Seek legal advice

If the infringer doesn't comply with the cease-and-desist letter, consult a patent attorney to evaluate your options. They can help you decide the best course of action. Often, mediation or arbitration can resolve disputes more efficiently than litigation. You could also explore if the UK Intellectual Property Office (IPO) can provide an impartial opinion on validity or infringement of patent.

Consider court action

If other methods fail, you can take legal action to stop the infringement and claim damages. Courts can grant injunction to stop infringement and award financial compensation. Find out how to file legal proceedings through the IPO.

While litigation can be expensive and time-consuming, it may be necessary to protect your rights. If you decide to pursue legal action, work closely with your lawyer to prepare a strong case with documented evidence.

Importance of protecting your patent

Your patent is an investment. Not only does it protect your business idea, but it can also give you a competitive position in the market. Taking steps to monitor, enforce, and maintain your patent ensures it stays valuable to your business.

Avoid infringing other people's patents in the UK

Facing a patent infringement claim can be serious, potentially leading to legal action and financial penalties. If you're accused of patent infringement, take immediate steps to protect your business:

• get legal advice - a patent attorney can assess your options
• review the claim - check if your product genuinely infringes the patent
• negotiate a settlement - you may agree on a licensing deal or financial compensation
• challenge the patent - if it's invalid, you can dispute it
• request an IPO opinion on validity or infringement
• consider mediation to resolve disputes without court
• if no resolution is found, prepare with your attorney for legal action

Ignoring an infringement claim can lead to court action, injunctions, or damages, so act quickly to protect your business.