Patent Infringement analysis
Patent Infringement Analysis (Evidence of use chart analysis)
Patent infringement occurs when someone makes, uses, or sells a patented item without the patent holder's permission.
At PatseanIP, Infringement Analysis (Evidence of use analysis) is conducted in the following phases:
1. Phase 1 (Potential infringer search/Evidence of use search):
The first phase of the Infringement Analysis is conducted just by reading through the patent claims and understanding the scope of the subject patent. After that quick search is performed to check for the probable companies working in the same field as of our subject patent and then finally the list of the probable infringer companies along with their probable infringing product is prepared.
Infringement Search is performed in order to find whether a product or a technology infringes upon an existing patent claim.
2. Phase 2 (Evidence of use chart report):
The second phase of Infringement Analysis involves preparation of claim charts/EoU charts. PatseanIP prepares detailed claim charts, clearly showing how each element of the patent claims is demonstrably present in the target product. These claim charts are prepared by keeping in mind the preceding of the court as the evidence used by our internal team for showing product infringement is either shown through product manuals, manufacturing sheets, white papers and other official product documents. Sometimes destructive or non-destructive reverse engineering is also conducted to ensure detailed examination of the product.
Why Evidence of use chart search is conducted?
Evidence of Use search (EOU) Search is performed to help patent owners identify potentially infringing products in the marketplace. The purpose of EOU search is to identify products or processes in the market which are likely to infringe the patent holder’s patent or even patent application. In order to perform an EOU search, a thorough understanding of patent infringement and jurisdiction-specific laws is important as it is a very sensitive search and any negligence in the process of performing search and analysis of the findings may prove to be dangerous for the organization.
Advantages of Evidence of use chart search
The advantage of EOU search is that the patent holder can get to know about the existing products in the market that may infringe upon his patent and the patent holder can take necessary action against the infringer by enforcing his patent rights.
Evidence of use chart/claim chart report (Patent to product)
Evidence of use chart, sometimes referred to as patent mapping/Claim chart mapping, is the frequently the first step in developing a patent infringement case.
PatseanIP provides a broad range of Evidence of use chart services sometimes referred to as patent mapping, is the frequently the first step in developing a patent infringement case. PatseanIP can assist you in developing a patent claim chart to enhance your case. We have extensive in-house capabilities to perform the technical evaluation of products and services to look for evidence of use of patented technology. When evidence of use is found, claim charts are prepared to document the findings. Our highly trained technical experts begin by thoroughly reviewing the patent claims and then identifying potential infringing products (or services). The claims are then carefully mapped to the device or service via technical analysis, considering the patent specification, publicly available material, and expert knowledge. Patent claim mapping and the resulting infringement claim chart can then be utilized to better understand the strength of the patent and the basis for the infringement case.
We have extensive in-house capabilities to perform technical evaluation of products and devices to look for evidence of use of the patented technology.
