At Intellectual Property Insurance Services Corporation (IPISC), we know that fast action often makes the difference in protecting your intellectual property (IP). That’s why we offer Early Intervention (EI) Services: A courtesy program available to all Enforcement Insurance policyholders.

EI Services allow policyholders to request non-threatening letters sent by IPISC’s Litigation Management Department to suspected infringers. These letters notify the recipient of the policyholder’s insured IP rights without alleging infringement. In our experience, this early, measured response has resulted in a satisfactory resolution in many of the circumstances, especially where the suspected infringer may not be aware of their IP exposure.

Why Use Early Intervention?

  • Addresses infringement early before it escalates
  • Resolves disputes quickly without the need to file a claim
  • Reduces costs and risk by avoiding unnecessary litigation
  • Shows strength by highlighting that your IP rights are insured

Guidelines

To ensure EI Services are used effectively, policyholders should note:

  • Policyholders may request up to 10 EI letters per policy year
  • The patent(s), trademark(s), or copyright(s) must be insured under your policy
  • The Patent(s), Trademark(s) and/or Copyright(s) which are the subject of the letter must be issued or registered (not pending) or otherwise currently enforceable.
  • The suspected infringement must not pre-date your policy’s effective date
  • A completed and signed EI Services Letter Request Form must be submitted to IPISC

How It Works

  1. Request EI Services
    1. Contact IPISC’s Litigation Management Department
    2. Submit the completed EI Services Letter Request Form, including suspected infringer details and evidence of infringement
  2. Letter Sent by IPISC
    1. A courier-delivered letter is sent to the suspected infringer
    2. The letter:
      1. Advises them of your insured IP
      2. Requests that they review the situation and respond
      3. Is worded carefully to avoid triggering a declaratory judgment action
  3. Neutral, Non-Threatening Approach
    1. The letter comes directly from IPISC, not you or your attorney
    2. Because IPISC is not asserting rights or acting as a law firm, the letter is generally not considered a legal threat

A Proactive First Step

EI Services are designed as a first-response tool, giving you an effective option to address infringement early. While you’re never required to use EI Services before filing a claim, many policyholders find it to be an efficient and effective way to protect their IP.

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