- What are the most effective ways for a European patent holder whose rights cover your jurisdiction to enforce its rights in your jurisdiction?
A patent holder can send a warning letter and seek an out-of-court settlement with an alleged infringer. A successful warning letter is the most effective way to enforce rights, since it is subject to no formalities and costs little. If no solution can be found in this way, or through arbitration or mediation (to which the alleged infringer must agree), the patent holder has no option other than to enforce its patent through a court action. No warning letter need be served before commencing a patent suit. Patent rights are enforceable through cease and desist orders which, if granted by the court, require a third party to stop using an infringing product – in particular its manufacturing, importing, advertising, offering or selling – or an infringing method. In addition, financial compensation is available to the patent holder. The cease and desist order can be requested in the form of a preliminary injunction; this is often advisable in view of the time it takes to obtain a final decision in patent matters.