7. Q: Is it possible to send the infringer a cease and desist letter?

Yes. To stop an infringing act, the patentee may send the infringer a cease and desist letter; it is, however, not a statutory procedure prior to patent infringement litigation.

Where a patentee sends a warning letter to a suspected infringer and where the patentee neither withdraws the warning nor files a lawsuit within one month upon receiving a written reminder in which the warned suspected infringer or an interested party urges the patent holder to exercise the right of action, or within two months upon issuing the written reminder, the courts shall accept the case if the person warned or the interested party files a request for declaratory judgment action for non-infringement.

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