Patent infringement searches conducted to make sure that nobody without your consent makes, uses, or sells your patented invention. Infringement analysis is conducted in order to determine whether a product or a process infringes upon an existing patent claim. In order to conduct an infringement analysis, firstly the scope of the claim should be determined and then it should be checked whether all elements of the claim are present in the product or process.
To determine whether a particular product is covered by a patent, one must review the numbered claims of the patent such that if the product includes every element set forth in at least one of the claims (any independent claim, for instance), it is covered and said to literally “infringe” the patent. If the product however omits even one element included in the claim, it does not infringe from a literal infringement standpoint, and then the perspective changes to evaluation from a Doctrine of Equivalence (DOE) standpoint.
Steps to provide Evidence of Use Charts
Analyzing Subject Patent: Preparation of claim chart with independent claim with a technical Standard specification.
Identification of products, systems, or services using similar invention claimed in the patent. Identifying elements to map with product literature, product specifications, patents, figures, and photos to the claims of subject patent.
Claim Chart Mapping.
Finally a focused citation analysis search utilizing the claimed independent elements of the patents.
Product and Standard Mapping
Identifying the alignment between the patents & products portfolios of your own and your competitors’ is an important aspect of commercialization of Patents. Important aspects and features of a product is evaluated against independent claims of the matching patents line by line. Patent-to-Product mapping report is helpful in identifying – potential infringing patents, strong patents of a company, and unused patents in a portfolio for out-licensing and also helpful in identifying competitor’s strong and weak areas.
Patent to Standards mapping involves matching independent claims of a patent against relevant sections of technology standard like ISO, ETSI, 3GPP, IEEE etc. This might reveal infringement of standards against a patent or may reveal the additional advantages for a standard if the claimed technology of patent add value to the standards concerned.