Cease and Desist Form Letter Patent
Infringement
This attorney drafted letter sets forth a template to be sent
by the owner of a registered patent to a party believed to be
infringing that patent requesting such second party cease
and desist from use of such patented item.
ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY,
EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING AS TO THEIR LEGAL EFFECT AND
COMPLETENESS. They are for guidance and should be modified to meet your needs and the
laws of your state. Use at your own risk. Docstoc and anyone who participated in providing or
modifying any form is not creating or entering into an Attorney-Client relationship. Docstoc
does not provide legal advice. The information and forms are not a substitute for the advice of
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 1
your own attorney.
_____ [Instruction: Insert Company letterhead.]
____ [Instruction: Insert date.]
____ [Instruction: Insert addressee name.]
____ [Instruction: Insert addressee address.]
____ [Instruction: Insert addressee city, state, zip code.]
Re: Notice of Possible Infringement of _____. [Instruction: Insert patent
registration number of patented item allegedly being infringed.]
Dear Sir or Madam:
Please be advised that _____ [Instruction: Insert company name of patent owner.] is the legal
owner of U.S. Patent No. _____ [Instruction: Insert patent registration number.], a copy of
which is attached hereto and such patent information is made a part hereof by reference
[Instruction: Ensure a copy of all the pertinent patent information is included with the
letter when sent.] (the “Patent”) and that it is our belief that your products, identified as ____,
[Instruction: Insert item believed to be infringing patent.] may be covered by the Patent and
therefore may potentially be infringing the Patent. At this point, we have not assessed whether
we intend to enforce this Patent and, therefore, you should not be concerned that a lawsuit may
be filed against you.
This letter is strictly for purposes of providing notice of potential infringement pursuant to 35
U.S.C. § 287(a) and that it does not give rise to a cause of action pursuant to 28 U.S.C. § 2201.
Optional Language: We would like to discuss the possibility of entering into a license for
your use of the Patent. If such an arrangement would suit you, please contact me at your
earliest convenience at the above-referenced contact information so that we may begin to
discuss such matters.
Sincerely,
[Instruction: Insert party’s signature block.]
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