Before you enforce a patent

Run this before the first letter, not after the reply.

CriticalAfter grantFounderEnterpriseIP professional

The first letter is the most important document in a patent dispute, and it is usually written by whoever is free that week.

Tick anything that is true. Each tick opens a short note on why it matters. Nothing you tick is sent anywhere - it stays in this browser tab.

Have you commissioned the invalidity search your opponent will commission?A defendant facing an injunction searches with a budget and a strong incentive. New prior art surfaces regularly.
If yes: Read it before they do. If it is bad, you have saved yourself a revocation petition.
Have you read your own prosecution history?Every concession you made to get the patent granted is public and will be quoted back at you.
If yes: List every sentence a defendant would enjoy quoting, then decide whether the case still works.
Have you produced a claim chart against the actual product?Infringement requires every feature of a claim to be present, element by element.
If yes: If any element is missing, that claim is not infringed however similar the products look.
Do you know what outcome you actually want?An injunction, damages, a licence and a design change are different objectives requiring different tactics.
If yes: Decide first. A letter written without an objective usually gets one imposed on you.
Are you about to copy the competitor’s customers or distributors?Groundless threats of infringement proceedings are actionable in India under section 106.
If yes: Write to the competitor only. Copying the trade is exactly the conduct the provision targets.
Is the patent in force, with renewals paid?Enforcement on a lapsed patent is not possible and is embarrassing.
If yes: Check the register before writing.
Have you considered that they may counterclaim for revocation?A counterclaim is the cheapest moment for a defendant to attack validity, and it is routine.
If yes: Assume it will happen and budget for defending validity as well as asserting infringement.
Have you checked your own freedom to operate?A defendant with their own patents may respond with a counter-assertion.
If yes: Look at their portfolio before you look at their product.

Enforcement is a civil action you start, fund and prove. The Patent Office has no role in it.

Sources & further reading

The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text

HighCriticality

Nobody enforces your patent for you

Granting a patent and enforcing it are done by completely different institutions. The Patent Office has no role once a patent is granted - enforcement is a civil act…

After grantBeginner

HighScenario

The letter that started the wrong fight

What went wrong?

After grantBeginner

Guided answer

Someone copied my technology. What are my options?

Working out what you actually have, before writing to anyone.

Not sure whether this applies to your invention?

The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.

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Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.

Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.