Patent Infringement Letter Template for England and Wales

When you discover that someone may be infringing your patent rights in England and Wales, a Patent Infringement Letter serves as your first formal step toward protecting your intellectual property. This document is more than just a notification—it's a strategic legal tool that can resolve disputes without costly litigation while establishing a clear record of your enforcement efforts.

When do you need this document?

You need a Patent Infringement Letter when you have identified specific activities that appear to fall within the scope of your patent claims. This includes situations where competitors are manufacturing, selling, or importing products that incorporate your patented technology without permission. The letter is also necessary when you discover that someone is using your patented process or method commercially. Under England and Wales law, sending this letter is often a prerequisite before commencing patent infringement proceedings in the Patents Court, as it demonstrates you have attempted to resolve the matter outside of litigation.

Key legal considerations

The most critical aspect of drafting a Patent Infringement Letter is navigating the groundless threats provisions under sections 70-70A of the Patents Act 1977. These provisions protect businesses from unjustified threats of patent infringement proceedings, and making groundless threats can result in counter-claims for damages and injunctions. Your letter must therefore be carefully worded to avoid threatening secondary infringers such as customers or retailers, while focusing on primary infringers like manufacturers. You should include specific evidence of how the alleged infringing activities fall within your patent claims, reference relevant claim numbers, and provide clear identification of your patent rights. The letter should also offer reasonable opportunities for resolution, such as licensing discussions, to demonstrate good faith.

Legal requirements in England and Wales

Under England and Wales jurisdiction, your Patent Infringement Letter must comply with the Pre-action Protocol for Intellectual Property Claims, which requires parties to exchange information and attempt resolution before litigation. The letter should clearly identify your patent by number and title, specify which claims are allegedly infringed, and provide sufficient detail about the infringing acts to allow the recipient to understand the case against them. You must also comply with Practice Direction 63 requirements if the matter proceeds to the Patents Court. The Civil Procedure Rules emphasize proportionality and early resolution, so your letter should demonstrate that you have considered alternative dispute resolution methods. Additionally, if your patent is a European patent designated in the UK, you should reference the European Patent Convention provisions that may be relevant to the infringement analysis.