Main infringement action: documents to prepare
A main infringement action starts once a claimant files a statement of claim with the competent patent court. Before filing, the claimant needs the patent certificate, evidence of the alleged infringement, a claim construction, and proof of standing. Missing any of these delays acceptance of the case.
What changes once the action starts
Once the claim is lodged, procedural deadlines begin to run for both sides. The defendant receives a fixed period to respond, and silence carries consequences of its own. The claimant loses the option to amend core elements of the claim without the court's permission. This is the point where preparation stops and the clock starts.
Everything gathered before filing is checked against the claim as submitted. A gap discovered after filing is harder and slower to fix than the same gap caught beforehand.
What to prepare
The table below lists the documents a claimant typically needs before the claim can be filed. The exact set varies by forum, but the core group rarely changes.
| Document | Purpose | Prepared by |
|---|---|---|
| Statement of claim | Sets out the infringement, the relief sought and the basis for standing | Claimant's counsel |
| Patent certificate and claims | Establishes the scope of the right being enforced | Claimant, with patent attorney input |
| Evidence of infringement | Shows the alleged infringing product or process against the claims | Claimant, technical expert |
| Claim construction memorandum | Explains how each claim term is read against the alleged infringement | Patent attorney |
| Proof of standing | Confirms the claimant holds the right or is authorised to enforce it | Claimant |
| Power of attorney | Authorises counsel to act before the court | Claimant |
Documents at this stage are usually prepared jointly by external counsel and an in-house contact. If you want to see how the team handling your file operates, this is explained here: Working with this team explained.
Steps to take
- Instruct counsel to review the patent register entry and confirm standing before drafting starts.
- Assemble technical evidence of the alleged infringement, including product samples or process documentation.
- Draft the claim construction memorandum, matching each claim term to the alleged infringing subject matter.
- Prepare the statement of claim together with the relief sought and supporting exhibits.
- File the claim with the competent court and settle the applicable court fee.
- Serve the defendant according to the court's instructions and track the response deadline.
Who decides and how long it takes
The competent patent court decides whether the claim is admissible and, later, whether infringement is established. A single judge or a panel handles the first hearing, depending on the forum's internal rules.
The process usually takes longer than a straightforward commercial dispute, because the court needs time to assess technical evidence and any counter-arguments on validity. A cooperative defendant and a narrow technical dispute shorten the path; parallel invalidity arguments or cross-border elements extend it.
If your situation differs
If the alleged infringer does not respond after proper service, the court can proceed on the claim alone, subject to whatever default procedure the forum applies.
Where the underlying right has been pledged or otherwise encumbered, a separate question arises about who holds standing to sue while the encumbrance is in place. That question is addressed on its own: When a right is pledged on-chain explained.
If the dispute involves proceedings in more than one jurisdiction, coordinating the timetables and the documents across both adds a layer that a single-jurisdiction case does not have.
What this page does not cover
This page does not cover appeal procedure, cross-border enforcement of a judgment, or the calculation of damages. It does not address invalidity counterclaims, which follow their own track and require their own documents. Anything specific to your patent, your evidence or your forum needs a direct review, not a general outline.
Sources and limits
This overview reflects publicly available procedural practice and is reviewed on a regular cycle rather than tied to a single date. It does not replace a jurisdiction-specific timetable, which your case team confirms once the claim is ready to file.
Before committing significant resources to litigation, some clients first check the financial standing of the other side. That assessment follows a separate track, described here: Counterparty report before extending credit in practice.
Related publications
Once a first-instance decision issues, the next contested stage follows its own procedure: Appeal against a first instance decision step by step.
FAQ
How long does main infringement action take in practice?
Timing depends on the complexity of the technical evidence and whether the defendant contests the claim. A matter with a cooperative defendant and a narrow technical question moves faster than one with parallel invalidity arguments or several jurisdictions involved.
Which documents are needed to start?
At minimum: the statement of claim, the patent certificate and claims, evidence of the alleged infringement, a claim construction memorandum, proof of standing and a power of attorney for counsel. The exact list can grow depending on the forum and the technical field.
What happens if the other side does not respond?
Once proper service is proven, the court can proceed on the claim alone. The exact default procedure, and what "proper service" means in practice, depends on the forum handling the matter.
Where to go next
If your matter concerns AI training data rather than a patent claim, a related question is addressed separately: When the training corpus has no provenance explained.