Does IP Insurance Cover Defense Costs?

Some IP policies cover defense costs, subject to counsel-approval rules and whether legal expenses reduce the limit.

The policy may reimburse approved costs instead of providing a duty to defend, and those costs may reduce the available limit.

Ask who selects counsel, which legal expenses qualify, whether approval is required, and how retention and limits apply. Confirm if enforcement costs are separate.

Which Providers List Coverage for Intellectual Property Insurance?

Sources for Intellectual Property Insurance Answers

  1. Intellectual property insurance (UK guidance). UK Intellectual Property Office; About IP and insurance > types of products; exclusions/excess/co-insurance; claims process and legal representation. Accessed 2026-09-25.
  2. Intellectual property insurance. CFC; Opening; Defense; Pursuit of infringers; Contractual indemnity; US-facing product offering. Accessed 2026-09-25.
  3. IP Infringement Insurance Application. Intellectual Property Insurance Services Corporation; p.1 specimen request; Section 1 pp.2–4; Defense Section 2 pp.5–6; Enforcement Section 3 pp.7–9. Accessed 2026-09-25.

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