Unjustified threats of patent infringement: a global perspective

It is common for patent owners sending cease and desist letters to alleged infringers to threaten patent infringement proceedings in an attempt to get the alleged infringer to cease their conduct. 

However, such threats, if not justified, do present a risk to patentees in certain jurisdictions where there are “unjustified threats” provisions. 

In this regard, such provisions usually provide that, if an unjustified threat is made, then the aggrieved person can seek certain relief from a court, which may include a declaration that the threat was unjustified, an injunction preventing that conduct, and compensation for losses incurred as a result of the threat, for example lost sales. 

The critical issue in applying these provisions is the assessment of whether a threat of infringement proceedings is unjustified. In most jurisdictions, this question turns on the reasonableness of the communication, rather than the sender’s subjective intention. The court may also consider the status of the patent and the nature of the alleged infringing activities. 

In this article, we look at the different approaches in Australia, Belgium, Finland, Germany, Hungary, Italy, Poland, Singapore and the United Kingdom towards unjustified threats.

Download the country comparator here

Latest insights

More Insights
featured image

Patent Litigation in Practice Series: Doctrine of Equivalents and Patent disclaimers in Hungary

4 minutes Apr 29 2025

Read More
featured image

Patents Court finds no infringement of ostomy bag patent, even under doctrine of equivalents test

5 minutes Apr 24 2025

Read More
featured image

Report of Trade Mark Cases For the CIPA Journal March 2025

1 minute Apr 22 2025

Read More