A company's patents are often among its most valuable assets. Given the business and competitive importance of patents, a company should be prepared to take appropriate enforcement actions against infringers. Proper patent enforcement includes a variety of measures. In cases where the patent infringement is serious, commencing litigation in federal district court under the Patent Act may be the most appropriate course of action to protect the company's patent rights. However, litigation can be time-consuming and expensive and should not be undertaken lightly.

This Toolkit provides several continuously maintained resources designed to help a patent owner's counsel evaluate and, if appropriate, prepare to initiate patent litigation in federal district court under the Patent Act, from running a conflicts check to drafting the complaint and other case-initiating documents to considering pre-suit resolution by settlement or licensing.

This Toolkit does not include resources concerning specialized patent litigation under the Hatch-Waxman Act or before the US International Trade Commission (ITC) under Section 337 of the Tariff Act (19 U.S.C. § 1337). For more information on those topics, see: