Seizure and inspection measures: documents to prepare
A seizure and inspection order lets a patent holder secure evidence of alleged infringement before the other side can hide or destroy it. The measure is granted on request, often without notifying the respondent in advance, and executed at short notice. Preparing the right documents before filing determines whether the court grants the order and whether the evidence gathered later holds up in the main proceedings.
Why timing decides the outcome
The value of the measure depends on speed and secrecy. A request filed too late gives the other side time to remove disputed products, alter records, or relocate stock. A request filed without a properly documented patent right, without a clear description of what is to be inspected, or without proof of urgency risks refusal outright. The court weighs the applicant's interest in surprise against the respondent's interest in not being searched on a speculative claim.
Once granted, the order does not settle the underlying dispute. It only preserves evidence. This is where Legitimate interest assessment and its limits comes in: inspectors may encounter personal data unrelated to the patent claim, and that material needs a separate lawful basis before it can be used or retained.
What to prepare before filing
Gather the following before contacting counsel or filing the application. Missing items are the most common reason for delay.
- Proof of the patent right — registration extract, current status, and, for licensees, the licence agreement showing standing to apply.
- Description of the alleged infringement — technical comparison, product samples if available, purchase receipts, marketing material, or a test purchase report.
- Identification of the respondent and premises — legal name, registered address, and the specific location to be inspected, since the order does not extend beyond what is named.
- Draft scope of the order — a precise list of what may be inspected, copied, sampled, or seized. Vague scope invites a challenge later.
- Security undertaking — a statement, and where required a bond, covering the respondent's loss if the measure later proves unjustified.
- Power of attorney — signed authority for the counsel filing the request.
- Confidentiality request — where the premises hold unrelated trade secrets, a request to limit access to an independent expert rather than the applicant's own staff.
Stages and typical timing
The table below sets out the usual sequence. Exact timing depends on the forum and the urgency shown in the application; no fixed period is quoted here because it varies by court.
| Stage | What happens | Who acts |
|---|---|---|
| Application | Dossier filed, usually without notifying the respondent | Applicant's counsel |
| Review | Court checks standing, urgency, and proportionality of scope | Judge or duty court |
| Order | Scope, premises, and security are fixed in writing | Judge |
| Execution | Inspection and seizure carried out on site, often with a court-appointed expert | Bailiff or expert |
| Report | Findings recorded and sealed pending the main action | Expert or bailiff |
| Follow-on filing | Main infringement claim must be lodged within the deadline set in the order | Applicant |
The point of no return
Every order of this kind fixes a deadline for filing the main infringement action. Missing it is the point of no return: the measure lapses, seized material is returned or destroyed, and the applicant may face a claim for the respondent's losses. Once the deadline passes, the evidence gathered cannot be revived by filing a fresh request on the same facts.
Who decides
The application is heard by the court with jurisdiction over the patent dispute. For a European patent with unitary effect, or an opted-in classical European patent, that may be a division of the Unified Patent Court rather than a national court. For nationally validated patents outside that system, the competent national court decides. Either way, one judge or duty bench rules on the application, sets the scope, and fixes the deadline for the main action. Execution is delegated to a bailiff or an independent expert named in the order, not to the applicant.
A dispute over token ownership shows the same split of roles from a different angle: When a fork duplicates the token explained — a forum has to be identified before anyone can act, and acting in the wrong forum wastes the measure entirely.
Two common scenarios
If the respondent is not present when the order is executed, the inspection proceeds under the terms fixed in advance. The respondent's absence does not suspend it, though it can later ground a challenge on fairness.
If the respondent removes or destroys the products before execution, the report records that fact, and it becomes evidence in itself. Obstruction of a court-ordered inspection carries its own consequences in the main proceedings.
What this page does not cover
This page describes the sequence and the paperwork. It does not set out statutory deadlines, court fees, or the exact grounds for granting or refusing the measure, since those depend on the forum seized. It also does not cover the substantive comparison of claims once the main action starts; that step follows separately and on its own timetable.
Sources and limits
This material reflects standard procedural practice for evidence preservation in patent disputes. No specific statutory provisions are cited here, since forum-specific procedural detail is outside this page's scope. Reviewed by the author on the date shown below. For a check of the counterparty before any dispute reaches this stage, see Counterparty in Lithuania explained.
Related reading
Once the main action starts, the dispute moves to comparing what the patent claims against what was found on inspection: Claim construction step by step covers that stage.
Next step
If the core disagreement is really about who owns the invention rather than who infringed it, that question needs resolving first: What to do first in this situation and its.
Frequently asked questions
How long does seizure and inspection measures take in practice?
Filing to order can take from a few days to a few weeks, depending on urgency and the court's calendar. Execution follows quickly once the order is issued, usually within days. The follow-on deadline for the main action is fixed in the order itself and varies by forum.
Which documents are needed to start?
Proof of the patent right, a description of the alleged infringement, identification of the respondent and premises, a draft scope of the order, a security undertaking, and a power of attorney for counsel. A confidentiality request is added where unrelated trade secrets are present.
What happens if the other side does not respond?
The application is typically heard without the respondent present, so silence does not stop it. Once served with the order, the respondent can apply to vary or set it aside, but that challenge does not suspend an inspection already under way unless the court says so.