A competitor accuses your company of infringing a patent, a utility model or a registered design with a product. It demands that you cease and desist, provide information and pay damages, or it initially only makes an enquiry.
What matters now
- It matters whether this is a mere enquiry or a warning letter. Both require an answer, but a different one.
- Technical questions are clarified by a patent attorney, legal and procedural ones by a lawyer; I work together with a patent attorney here.
- Check the right itself: is it still in force, what exactly does it protect, can it be challenged?
- An unjustified warning based on an IP right can in turn give rise to claims.
- Do not stop sales prematurely, but weigh the risks consciously until the matter is clarified.
Documents I need
- the letter from the other side with enclosures
- product descriptions, drawings, data sheets
- since when and in which countries the product has been sold
- your own IP rights and development documents
Next steps
Send me the documents by email to kanzlei@bauer.legal or use the appointment request, and mention any deadline that is running. I usually reply within one working day and let you know how things can proceed. You can write to me in English or German. If the deadline is close, it is best to call: +49 33365 784007. How we work together and how fees are charged is explained under How we work together.
More: Intellectual property.
This page gives a general overview of German law and does not replace advice on the individual case.