如何用英文撰写外观专利的侵权警告函？

Writing an Infringement Warning Letter for a Design Patent in English

Introduction

When a company or individual believes that their design patent has been infringed upon, sending an infringement warning letter is an important step in protecting their intellectual property rights. This letter serves as a formal notice to the infringer, outlining the patent owner's concerns and demands for compliance. Writing an effective infringement warning letter in English requires careful consideration of legal terminology, clarity, and a professional tone. This article will provide a detailed guide on how to draft an infringement warning letter for a design patent in English.

I. Understanding the Design Patent

Before drafting the infringement warning letter, it is crucial to have a clear understanding of the design patent. A design patent protects the ornamental aspects of an article of manufacture, rather than its functional aspects. It is important to ensure that the patent in question is indeed a design patent and not a utility patent, as the legal requirements and remedies for infringement differ between the two types.

II. Gathering Evidence of Infringement

To effectively draft an infringement warning letter, you must gather evidence that demonstrates how the infringing product or design infringes upon your design patent. This evidence can include photographs, product samples, or other documentation that clearly shows the similarities between the patented design and the infringing design.

III. Formatting the Letter

When formatting the infringement warning letter, it is essential to maintain a professional and formal tone. The letter should be typed, double-spaced, and include the following sections:

A. Header

Your Contact Information: Name, title, company, address, phone number, and email address.
Date
Infringer's Contact Information: Name, title, company, address, phone number, and email address.

B. Salutation

Address the letter to the appropriate individual or company representative.

C. Introduction

Briefly introduce yourself and your company or law firm.
State the purpose of the letter, which is to notify the recipient of the infringement of your design patent.

D. Description of the Design Patent

Provide a brief description of the patented design, including the patent number and issuance date.
Explain the ornamental aspects of the design that are protected by the patent.

E. Description of the Infringing Product

Describe the infringing product, including photographs, product samples, or other documentation.
Highlight the similarities between the patented design and the infringing design.

F. Legal Basis for the Infringement

Explain the legal basis for the infringement, such as the patent's claims and the similarities between the patented design and the infringing design.
Reference any relevant case law or legal precedents that support your position.

G. Demand for Compliance

Clearly state the demands for compliance, which may include:
a. Ceasing the manufacture, sale, or distribution of the infringing product.
b. Destroying any existing inventory of the infringing product.
c. Providing a written statement of compliance within a specified timeframe.

H. Consequences of Non-Compliance

Outline the potential consequences of non-compliance, such as:
a. Legal action, including a lawsuit for patent infringement.
b. Seizure of infringing products and monetary damages.

I. Closing

Thank the recipient for their attention to this matter.
Provide your contact information for any further questions or discussions.

J. Signature

Sign the letter and include your name, title, and company or law firm name.

IV. Proofreading and Review

Before sending the infringement warning letter, carefully proofread and review the letter for any errors or inconsistencies. It is crucial to ensure that the letter is clear, concise, and legally sound. Consider having a colleague or legal professional review the letter as well.

Conclusion

Writing an infringement warning letter for a design patent in English requires attention to detail, legal knowledge, and a professional tone. By following the steps outlined in this article, you can effectively notify an infringer of their patent infringement and protect your intellectual property rights.