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Infringement Analysis

Introduction

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.

Our Approach

We at IIPRD prepare the infringement analysis report by preparing Patent Infringement Claim Charts, Infringement Materials, Validity Reassessment and Damage analysis documents/literature. Determining Infringement is a Two-Step Process, with the first step involving Claim Construction for determining the meaning of each claim term/element and the scope of the claims, and the second step involving making comparison of the properly Construed Claims to the Accused Device.

Our services include:

  • Drafting Infringement Analysis Reports based on detailed Infringement Searches
  • Proposing and Partnering in development of the right IP strategy based on outcome of the Infringement Searches