Neropat IP Services

Patent Infringement Analysis or Claim Chart Analysis is a detailed evaluation process used to determine whether a product, process, or technology infringes on one or more claims of an existing patent. This process is essential for enforcing patent rights, defending against infringement claims, or assessing the risk associated with launching a new product.

• Claims Interpretation: Begin by carefully interpreting the language of the patent claims, which define the scope of the patent’s protection. Claims can be independent or dependent, with the former standing alone and the latter relying on an independent claim.
• Claim Construction: Determine how the claims would be understood by someone skilled in the relevant field (often referred to as the “person having ordinary skill in the art” or PHOSITA).

• Product/Process Analysis: Examine the accused product, process, or technology in detail. Gather technical specifications, user manuals, and other relevant documentation that describe how the product or process works.

• Claim Chart Creation: Create a claim chart, which is a table or matrix that maps each element of the patent claims to corresponding features of the accused product or process.
• Element-by-Element Comparison: For each claim element, provide evidence from the accused product showing whether that element is present. This can include direct evidence like technical documentation or indirect evidence like product functionality.
• Literal Infringement vs. Doctrine of Equivalents:
  • Literal Infringement: Occurs when every element of a patent claim is found in the accused product exactly as described.
  • Doctrine of Equivalents: Even if a product does not literally infringe a patent, it may still infringe if it performs substantially the same function in substantially the same way to achieve the same result.

• Infringement Determination: Based on the claim chart, determine whether the accused product infringes the patent. This involves assessing whether each and every element of the claim is present in the accused product.
• Non-Infringement Arguments: If certain claim elements are not present, it may form the basis for a non-infringement argument.

• Enforcement Actions: If infringement is found, the patent holder may decide to take legal action, which could include sending a cease-and-desist letter, negotiating a license, or filing a lawsuit.
• Defense Strategy: If accused of infringement, the defending party may argue non-infringement, challenge the validity of the patent, or seek a license to avoid litigation.

• Comprehensive Report: The findings of the claim chart analysis are typically documented in a detailed report, which can be used in legal proceedings or as a basis for settlement negotiations.

• Regular Updates: In fast-moving industries, continuous monitoring of new patents and products is crucial to manage infringement risks effectively.

• For Patent Holders: Helps in enforcing patent rights and maximizing the value of the patent.
• For Defendants: Essential in defending against infringement claims and avoiding costly litigation.
• For Licensing: Provides a basis for negotiating licensing agreements by clearly defining the scope of infringement.

A well-executed claim chart analysis is a powerful tool in both offensive and defensive patent strategies, ensuring that the complexities of patent law are navigated effectively. Get in touch with us to have a customized strategy for your business needs.