Seizure and inspection measures: what the decision maker looks at
When a patent holder asks a court to seize evidence or inspect premises, the decision maker checks a credible case of infringement, urgency, the risk that evidence will disappear, and whether the measure requested is proportionate to that risk. A weak showing on any one point is usually enough for the request to fail or to be narrowed.
What changes once the request is filed
Most seizure and inspection requests are heard without notice to the other side. The point is to reach the evidence before it can be altered or moved. Once a court grants the measure, a bailiff or a court-appointed expert executes it on a set date, usually within days of the order. The other side learns about the measure only when it is carried out, not before.
The decision maker's assessment of infringement rests on how the patent claims are read. A request built on a claim that has not been properly scoped is one of the more common reasons a court narrows or refuses the measure. This is why the technical description filed with the request matters as much as the legal argument around it.
What counts as evidence in these proceedings
Evidence can be physical: a machine, a batch of parts, a manufacturing line. It can also sit inside software: source code, build logs, a working prototype. Where the alleged infringement lives inside a product built by more than one contributor, ownership of what is being seized can itself become a separate question. That situation comes up often in software disputes where a contributor leaves with a working build; see B2B software and SaaS a founder leaves with the for how that ownership question is usually framed.
Digital evidence adds its own handling problem. A copy taken during inspection has to be shown to be identical to the original. The chain of custody has to survive scrutiny later, once the main proceedings begin.
Preparing the request
- Set out the suspected infringement in writing, with enough technical detail for a judge unfamiliar with the product to follow it.
- Identify the exact premises, systems or files to be inspected. A request that is too broad risks refusal on proportionality grounds.
- Assemble the evidence already in hand before the hearing, not after: correspondence, product samples, technical drawings.
- Prepare to offer security. Courts frequently make the measure conditional on the applicant covering losses if the claim later fails.
- Instruct counsel to appear at the hearing. These requests are usually decided quickly, often without the chance to supplement the file afterwards.
- Before sharing any documents with an adviser, check what happens to that material afterwards. Our Privacy notice overview and what to prepare sets out what we collect and why.
Who decides, and how fast
The forum is the court with jurisdiction over the infringement claim in the relevant jurisdiction. Where the patent is a unitary one, a specialised patent panel may hear the request instead of a general civil court. The table below sets out the usual sequence. Exact timing depends on the forum and on the urgency shown, so no fixed day counts are given here.
| Stage | What happens | Who acts |
|---|---|---|
| Filing | Applicant submits the request, technical description and proposed scope of inspection | Patent holder's counsel |
| Hearing | Judge reviews the showing of infringement, urgency and proportionality, usually without the other side present | Court or panel |
| Order | Court sets the scope, any security required, and the execution date | Court or panel |
| Execution | Measure is carried out on site; evidence is secured and logged | Bailiff or appointed expert |
| Confirmation | Applicant must bring or confirm the main infringement claim within the period set by the court | Patent holder's counsel |
Missing the confirmation step is the point of no return in the other direction. Measures obtained without a follow-up claim are typically set aside, and the applicant can be made to answer for the disruption caused.
If your situation differs
If the asset at the centre of the dispute is a token or an on-chain record rather than a physical product, the seizure logic changes. There is often nothing to physically inspect, and the relevant record may sit off-chain in a registry that does not match what the chain shows. See When a transfer on-chain is not recorded off-chain explained for how that mismatch is usually handled.
If the other side is outside the jurisdiction where the measure is sought, execution may need a separate recognition step before anything can be seized. If the infringement is only suspected and not yet confirmed, a court is far less likely to grant an ex parte measure and may require notice to the other side first.
What this page does not cover
This page describes the procedure for seizure and inspection measures in patent disputes. It does not cover the underlying infringement standard, the calculation of damages, or how to defend against a request once it has been filed against you. It also does not extend to a separate question: assessing the risk of a counterparty before you engage them, which sits in the product layer of this site. See Counterparty report before appointing a developer in practice for how that check works.
Verified
Reviewed on 14 February 2025 against prevailing procedural practice in the jurisdictions we work with. A specific court, deadline or security amount is set by the forum handling your matter and confirmed at the time of filing, not published in advance on this page.
Related reading
If claim scope is contested in your matter, see Claim construction step by step for how courts approach that assessment outside the seizure context.
Frequently asked questions
How long does seizure and inspection measures take in practice?
The hearing itself is usually short, often decided within days once the application is complete. Execution follows soon after the order, since delay defeats the purpose of the measure. The main claim that must follow has its own separate clock, set by the court handling the case.
Which documents are needed to start?
A written description of the suspected infringement, the patent itself, a proposed scope of inspection, and any evidence already available. Courts also expect a statement on urgency and a proposal on security if one is required.
What happens if the other side does not respond?
Because most requests are heard without notice, the other side does not respond at the hearing stage. Once the measure is executed, the other side can challenge its scope or ask for it to be lifted. The evidence secured during execution generally stands unless that challenge succeeds.
Next step
If your immediate issue sits closer to a refused application than to a seizure request, see When an office action refuses your application: what to for the first response steps. Otherwise, a partner can give a first reaction to a seizure and inspection question within minutes during working hours, with a costed proposal following within one working day.