Maintenance & Enforcement
Should I send a cease-and-desist letter?
The short answer
Rarely as the opening move. A C&D can trigger a declaratory-judgment lawsuit in the recipient's choice of court — handing them the home-field advantage — and it burns the licensing relationship before it starts. Most monetization professionals open with a licensing conversation and hold legal threats in reserve.
The full picture
The sequencing logic: a licensing invitation says 'here's an opportunity'; a C&D says 'here's a fight.' Companies pay royalties to opportunity and pay lawyers against fights — and their lawyers' first move is often suing you first, in their district, to invalidate your patent. You picked the courtroom by picking the fight.
C&Ds have their place: clear, documented, damaging infringement where negotiation has failed or the infringer is a bad-faith actor. That decision belongs to litigation counsel with a complete evidence file — and the file, plus the commercial strategy that comes before any letter, is the part owners should build deliberately. We're glad to help with that half.
Where does your patent stand?
The Beyond the Patent Commercialization Score answers that — a professional, factor-by-factor read on your patent's licensing, sale, build, and partner potential.
Related questions
General information for patent owners — not legal advice. Read the disclaimer.