Seizure and inspection measures: stages and deadlines
Seizure and inspection measures let a patent holder secure evidence before the other side can alter it. A court-appointed expert enters named premises, inspects equipment or files, and records exactly what is found. The order is usually granted within days, and the inspection itself takes only a few hours. What happens afterwards decides whether that evidence survives later proceedings.
How the measure works
The patent holder applies to the competent civil court for an order permitting an independent expert to enter a named location. The application is normally heard without notifying the other side, so the element of surprise is preserved until the inspection itself is complete. The court weighs the strength of the initial evidence against the intrusion the measure causes. If satisfied, it issues an order describing precisely what the expert may examine, copy, or photograph, and nothing beyond that scope.
Some courts require the applicant to post security before the order takes effect, to cover any harm the inspection causes if the underlying claim later fails. The expert then attends the premises, often together with a bailiff or law enforcement officer, and works strictly within the boundaries the order sets. Any objection raised on the day is noted, not resolved on the spot, and goes back to the court afterwards.
What changes once the order is granted
Once the order is granted, a clock starts running. Most systems set a short window, commonly a matter of weeks, within which the patent holder must bring the substantive infringement claim. Missing that window can render the seized evidence unusable, even where the inspection itself was carried out correctly. This is the point of no return referenced in the page description: once it passes, the evidence gathered cannot easily be revived through a fresh request.
The respondent is usually told only once the inspection has taken place, not before it starts. This keeps the surprise element intact, but it also means the respondent's first real opportunity to react comes after the fact, through a request to set the order aside or to limit what the applicant may use from it. Evidence gathered during the inspection is typically sealed or held by the court pending that challenge, rather than released to the applicant immediately.
Steps to prepare
- Assemble the initial evidence of infringement: samples, product literature, technical drawings, or prior correspondence.
- Identify precisely which premises and which items the inspection should cover.
- Instruct counsel to draft the application and to propose a suitable independent expert.
- File the application with the competent court and respond promptly to any request for clarification.
- Arrange logistics for the inspection day, including site access, translators if needed, and a point of contact.
- Calendar the deadline for filing the substantive claim the moment the order is granted.
Who decides and how long it takes
The competent civil court for patent matters handles both the initial application and, later, any dispute over the inspection's scope. Overall timing depends on the jurisdiction and the court's caseload, but the shape of the procedure is consistent across the markets we work in.
| Stage | What happens | Typical timing |
|---|---|---|
| Application prepared | Patent holder assembles initial evidence and files the request | Days |
| Order granted | Court authorises the inspection, usually without hearing the other side first | Days after filing |
| Inspection carried out | Expert attends premises and records findings within the scope allowed | One session, hours |
| Order communicated to respondent | Other side learns of the measure and may seek to challenge its scope | Shortly after the inspection |
| Report delivered | Expert submits findings to the court and the applicant | Weeks after inspection |
| Substantive claim filed | Patent holder must bring the infringement action to keep the evidence usable | Short window from the order |
Typical scenarios
If the target premises are shared with other tenants, the order should name the specific unit or floor, otherwise the expert risks exceeding scope on the day and the findings may later be challenged on that basis. If the respondent operates across several sites, the application should list each one separately rather than relying on a single generic description, since courts tend to authorise only what is named. If the dispute also touches ownership of the underlying technology, for instance where a departing team member took a prototype with them, the inspection findings may need to be read alongside a separate ownership question. Biotech and life sciences a founder leaves with the sets out how that adjacent issue is typically handled.
What this overview does not cover
This page describes the domestic route for securing physical or documentary evidence ahead of an infringement claim. It does not cover customs seizure of infringing goods at the border, valuation of the alleged infringement, or the separate question of what a counterparty check can establish once proceedings are already under way. Counterparty in France in practice sets out what that kind of check can and cannot show.
Verified
This overview reflects procedural practice as commonly applied across the jurisdictions we work in, current as of the date this page was last reviewed. It does not cite specific statutory provisions, because those vary by country and change independently of the underlying procedure described here. For advice tied to a named jurisdiction and a specific set of facts, How to reach a partner is the fastest route to a first response.
Frequently asked questions
How long does seizure and inspection measures take in practice?
The order itself is usually granted within days of a complete application. The inspection follows shortly after and takes a single session, typically a few hours. The expert's written report can take several weeks to reach the court and the applicant.
Which documents are needed to start?
The applicant needs initial evidence of infringement, such as samples, technical documentation, or correspondence, together with a clear description of the premises and items the inspection should cover. Counsel then drafts the formal application around that material.
What happens if the other side does not respond?
Silence does not stop the process. The court can proceed with the order and the inspection regardless, since the application is typically heard without the respondent present in the first place. A lack of response after the inspection simply removes one route the respondent had to narrow the order's scope.
Related publications
Claim construction step by step walks through the stage that typically follows, once infringement itself is on the table.
Where an infringement dispute also touches digital or tokenised assets, the same evidence-preservation logic applies, with its own points of no return. When a collection uses third-party artwork in detail sets out the first steps for that situation.