A patent is said to be infringed when a product/process violates the rights granted to a patentee by unauthorized making, using, offering for sale or selling the patented invention.
Is my product/process infringing other patents?
To determine infringement of a patent either by a product or a process, we have to analyze the subject patent claims. In particular, the patent claims define the scope of protection granted to a patent.
An in-depth, detailed analysis has to be conducted to find out whether the product/process infringes upon the rights of a patentee.
The product/process is compared with the elements/process steps of the subject patent claim to determine whether the claimed elements/steps exist in the product/process, infringing the patent. A patent is said to be infringed if all the elements of the independent patent claim are located in the product or the product follows the same process as claimed in the invention.
Thus if all the elements in the patent claim map on to the features of the product, the product is infringing upon the patent rights of the patentee.
If the product does not have at least one feature of the patent claim then the product does not infringe upon the patent rights of the patentee. This analysis is referred as infringement analysis/ product mapping/ claim mapping.
Why conduct Infringement Analysis?
Infringement Studies are conducted to determine and measure the scope of infringement in terms of future litigations, earning royalty and/or licensing opportunities.
We at IPR studio, offer strategic solutions to identify technology standards and/or potential products infringing your patent. We mine technical literature to identify products, systems, or services using a similar invention as claimed in the subject patent. The comparison of the infringing product with the subject patent claim is provided as Evidence of Use chart, Claim Chart in textual and/or graphical formats.
Evidence of Use
Evidence of Use (EoU) helps patent owners identify all the potentially infringing products in the marketplace. Our EoU charts focus on manuals, designs, press releases, news, and reviews available publically.
Identifying parts of the alleged infringement that may need to be further tested or reverse engineered is another key part of a good EoU.
We map patent claim elements to specific features of identified products/processes by Collecting, documenting, and properly citing the evidence to demonstrate the indication of the strength of patent infringement assertion.
A patent claim chart is a visualization of all information of the claim broken down by its specific elements and analyzed to determine and prove infringement has occurred.
- Analyzing Patent- Preparing claim charts with independent claim
- Identifying products, systems, or services using a similar invention claimed in the patent.
- Mapping Identified elements with product literature, product specifications, patents, figures, and photos to the claims of the subject patent.
A patent for a table claiming that the table top can be electronically height adjusted and can slide up and down.
The approach to check whether your invented table infringes the patent by checking whether all the elements of the patent claim appear in your product, i.e. whether your table-top can be electronically height adjusted, and can slide up and down.
If your product has all the features of the claimed invention along with new additional features, even then your product infringes upon the patent.
If your product does not have at least one feature mentioned in the elements of the subject patent claim, then your product does not infringe upon the patent.
We provide customized services to meet the customer’s specific needs along with intensive client involvement and interaction.
We aim at delivering your search results in a customized format ranging from a full report to a comparative feature matrix, verbal report, or any other delivery mechanism as requested by the client.
- Turnover Time- 3-7 days
Highlighted copies of references
Contact Us to get professional advice and we will help you in conducting infringement search for you.
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