Practical guide
How to draft a trademark or patent infringement summons with AI
5 min read · Updated June 2026 · Editorial oversight: Avv. Federico Papa
The summons for infringement constitutes the cornerstone of industrial property defense, aimed at suppressing the unauthorized use of trademarks or patents before the Specialized Sections for Enterprise. Pursuant to Art. 124 c.p.i., the rights holder initiates the action to obtain injunctive relief, the removal of the effects of the infringement, and compensation for damages suffered. The main function of this document is to crystallize the owner's claim, demonstrating both the validity of the intellectual property title and the interference committed by the infringer. This tool is used when out-of-court initiatives have proven ineffective or when the extent of the injury requires a definitive and sanctionatory judicial determination.
In brief
The summons for trademark or patent infringement, drafted with AI tools, is based on Art. 124 c.p.i. before the Specialized Sections for Enterprise. The procedure requires determining territorial jurisdiction under Art. 120 c.p.i. and complying with Art. 163 c.p.c. formalities introduced by the Cartabia Reform. Plaintiffs must prove ownership registered with UIBM or EUIPO. Claims involve injunctive relief, market withdrawal, damages under Art. 125 c.p.i., and disgorgement of profits. Evidentiary requests include Court-Appointed Technical Experts (CTU) and accounting disclosure orders under Art. 121 c.p.i.
The steps
- 1.
Determining jurisdiction and identifying the parties
The plaintiff must first identify the Specialized Section for Enterprise with territorial jurisdiction according to the criteria set by Art. 120 c.p.i., which usually coincide with the defendant's forum or the place where the act was committed. It is essential to provide the complete details of the parties, including for companies the details of the legal representative pro tempore and the tax code. The summons must contain the specific indication of the counsel with the relevant power of attorney, ensuring compliance with the formal requirements imposed by Art. 163 c.p.c., including the mandatory warning provided by number 7 of the third paragraph introduced by the Cartabia Reform to avoid the nullity of the summons, it being understood that the omission of the warning under number 7-bis does not entail nullity pursuant to Art. 164 c.p.c.
- 2.
Presentation of the IP title and ownership
The summons must describe in detail the trademark or patent subject to protection, providing the details of the registration or grant issued by the UIBM or EUIPO. Updated certificates proving the validity of the title and its effective ownership by the plaintiff at the time of the summons must be attached. It is essential to define the scope of protection, specifying the classes of products or services for trademarks or the claims for patents, to allow the court to evaluate the extent of the exclusive right.
- 3.
Analysis of the infringement conduct and interference
The plaintiff must illustrate the facts constituting the infringement, analytically describing the defendant's products or services that interfere with the IP right. It is necessary to document marketing methods, the use of identical or similar signs liable to create confusion, or the implementation of patented elements. At this stage, it is useful to refer to any preliminary technical assessments or description reports already obtained to crystallize the evidence of infringement and the undue exploitation of the title's reputation.
- 4.
Formulation of claims for injunction and removal
Pursuant to Art. 124 c.p.i., the plaintiff must formally request the court to enjoin the defendant from manufacturing, marketing, and advertising the objects constituting a violation of the right. The claim must extend to setting a sum due for every violation or non-compliance observed subsequently, as well as for every delay in the execution of the measure. Furthermore, an order for withdrawal from the market and destruction of the infringing goods, as well as of the means uniquely intended to produce them, should be requested to prevent the recurrence of the infringement.
- 5.
Determination of damages and disgorgement of profits
The plaintiff must quantify the prejudice suffered pursuant to Art. 125 c.p.i., taking into account lost profits, actual loss, and non-pecuniary damage. Alternatively or in addition, the disgorgement of profits realized by the infringer may be requested if these exceed the lost profits. The claim can be formulated on an equitable basis if proving the precise amount is impossible or excessively burdensome, while the burden of stating the calculation criteria or the reasonable royalty the infringer should have paid remains.
- 6.
Articulation of evidentiary requests
In order to prove the infringement and the extent of the damage, it is necessary to request the appointment of a Court-Appointed Technical Expert (CTU) of a technical or accounting nature. The plaintiff may also request disclosure of the defendant's accounting records under Art. 121 c.p.i. to determine the sales volumes of the infringing products. It is essential to file every relevant document, such as catalogs, purchase invoices, and proof of purchases made through the infringer's sales channels, as well as any correspondence exchanged prior to litigation.
Legal basis: art. 124 c.p.i.art. 125 c.p.i.art. 126 c.p.i.art. 120 c.p.i.art. 163 c.p.c.
The template structure
The standard sections that make up the document. The full template can be opened and completed directly on edit.legal.
Specialized Section for Enterprise
Indication of the specialized judicial authority with territorial and subject-matter jurisdiction according to the rules of Art. 120 c.p.i.
Parties
Full identification of the IP rights holder and the alleged infringer with relevant tax data (VAT number and fiscal code) and power of attorney.
IP Right and Ownership
Analysis of the industrial property title asserted with references to filing, grant dates, and scope of protection.
Facts: the Infringement
Detailed description of the acts of violation and the products or services causing the unlawful interference with the title.
Legal Merits
Legal framework of the case with reference to the validity of the title and the protection criteria provided by the c.p.i.
Conclusions
Formulation of requests for injunction, penalty, damages, publication of the judgment, and order for costs.
Evidentiary Requests
Requests for documentary evidence, witnesses, court-appointed experts, and accounting disclosure orders under Art. 121 c.p.i.
Place, Date, Signature and Power of Attorney
Formal closing elements of the summons with the counsel's digital signature and the list of filed attachments.
Mistakes to avoid
- Incorrect identification of the competent Specialized Section, which may lead to a declaration of lack of jurisdiction.
- Failure to attach proof of current ownership of the trademark or patent, resulting in a lack of standing to sue.
- Vagueness in describing the interfering products or formulating the injunction, making the order difficult to enforce.
- Omission of the request to set a penalty (astreinte) for each future violation, limiting the deterrent effect of the judgment.
Frequently asked questions
What is the statute of limitations for a damages claim for infringement?
The right to claim damages expires five years from the moment the owner became aware of the infringement. However, an action for an injunction can be brought as long as the industrial property title remains valid.
Is it possible to request damages if the actual loss cannot be proven?
Yes, pursuant to Art. 125 c.p.i., the court may award damages as a lump sum established based on a reasonable royalty or through the disgorgement of profits realized by the infringer.
Can the infringement judgment be published in newspapers?
Yes, Art. 126 c.p.i. provides that the judicial authority may order the publication of the judgment, in full or as an excerpt, in one or more newspapers at the losing party's expense.
What edit.legal automates
- —Assisted drafting based on Art. 124 c.p.i. with guided input of industrial property registration data.
- —Automatic verification of the jurisdiction of the Specialized Section for Enterprise according to Art. 120 c.p.i.
- —Generation of predefined clauses for injunction requests and damage determination under Art. 125 c.p.i.
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