Document background
A Patent Infringement Cease And Desist Letter is a crucial first step in enforcing patent rights in Australia, typically used when there is clear evidence of unauthorized use of a patented invention. This document is employed when a patent owner or their representative has identified potential infringement and wishes to formally demand its cessation before initiating legal proceedings. The letter must comply with Australian legal requirements, particularly the Patents Act 1990 (Cth) and associated regulations, while demonstrating a reasonable approach to dispute resolution as encouraged by Australian courts. It serves multiple purposes: asserting patent rights, documenting the formal notification of infringement, demanding specific actions, and potentially opening dialogue for resolution through licensing or other arrangements. The document is particularly important as it can later serve as evidence of the patent holder's attempts to resolve the matter amicably before pursuing litigation.
