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Enforce your patents

Stop infringers, answer claims against you, and litigate before national courts or the Unified Patent Court.

04

04 — Enforce your patents

What clients ask us

Where can we enforce a European patent, and what is the Unified Patent Court?

The Unified Patent Court hears infringement and revocation cases for unitary patents and, unless opted out, for European patents in the participating states, with one decision covering them all. National courts remain available. The choice affects cost, speed, reach and the risk that your patent is revoked everywhere in one action. Decide with a litigation strategy before you start.

Someone copies our patented product. What can we do?

First secure the evidence: buy samples, document the sales and, where needed, ask a court for an order to seize evidence. Then choose between a warning letter, negotiating a licence and court action for an injunction, damages and a recall. In urgent cases, provisional measures can stop sales within weeks. Check the strength of your own patent first, because the other side will almost always attack its validity.

We received a patent infringement letter. What now?

Do not ignore it, and do not admit anything. Check whether the patent is in force where you are active, whether your product really falls under the claims, and whether the patent is valid. A European patent can be opposed at the European Patent Office within nine months of grant, and patents can be revoked in court or at the Unified Patent Court. Then decide whether to respond, negotiate a licence, design around the patent or prepare your defence.

Should we opt our European patents out of the Unified Patent Court?

During the transitional period, which runs until at least 1 June 2030, you can opt a classic European patent out of the UPC, so that only national courts hear cases about it. Opting out avoids a single central revocation action, but you also give up enforcement in all UPC countries in one case. You can withdraw the opt-out later, unless an action has started before a national court. Unitary patents cannot be opted out.

How do we get listings that infringe our patent taken offline?

Online marketplaces have procedures for patent complaints, but they expect clear evidence: the patent number, proof that it is in force in that market, and a claim chart that compares your claims with the product listed. Our patent enforcement tooling spots the listings and prepares the complaints, and an attorney checks each case before it is filed, because an unfounded complaint can backfire.

Can customs stop infringing products at the border?

Yes, also for patents. With an application for action under the EU customs rules, customs detain suspected infringing goods and notify you. Customs cannot easily judge a patent infringement themselves, so give them a clear description of the protected technology and how to recognise it. You then have a short period, as a rule 10 working days, to start proceedings or agree to the goods being destroyed.

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