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Infringement Search

Assessing Potential Patent Infringement Through Claim-Centric Analysis

An infringement search is conducted to determine whether a specific product, process, system, or technology potentially falls within the scope of one or more claims of an issued patent or pending application. This type of search focuses on analysing claims in relation to actual or hypothetical embodiments to identify evidence of unauthorized use, making it an essential step in enforcement planning, licensing discussions, dispute assessment, and risk mitigation.

Patent rights confer exclusive rights to make, use, sell, or import the claimed invention. Unauthorized use of patented technology, whether literal or under doctrines such as doctrine of equivalence, can give rise to infringement liability enforceable through court actions or licensing arrangements.

When an Infringement Search Is Relevant

Clients typically seek infringement search support to:

  • evaluate whether a third-party product or process may infringe asserted patent claims;
  • support enforcement planning, cease-and-desist strategies, or licensing negotiations;
  • inform litigation strategy, damages assessment, or settlement discussions;
  • assess risks associated with product launches or market entry; and
  • guide design-around efforts and portfolio optimisation.

Nature of the Analysis

An infringement search is claim-centric and evidence-oriented. It involves:

  • reviewing the language of the claim of the patent(s) in question to identify essential elements and their dependencies;
  • mapping elements of the claim to features of the target product, process, or system; and
  • assessing whether all elements of the claim are present either literally or under legal doctrines such as Doctrine of Equivalents.

Sources typically examined include product specifications, technical documentation, user manuals, whitepapers, datasheets, public demonstrations, software behaviour, and reverse-engineered component configurations. The analysis may also extend to evidence of use reporting, which provides structured claim charts linking claim elements to the accused product or process.

Scope of Infringement Search Support

IIPRD’s infringement search support typically includes:

  • review and deconstruction of asserted patent claim language;
  • identification and examination of product features or process steps potentially corresponding to elements of the claim;
  • preparation of evidence-of-use (EoU) charts and claim mappings;
  • targeted product teardown or feature extraction analysis where applicable;
  • assessment of literal and equivalents-based infringement considerations;
  • documentation of search strategies and analytical criteria; and
  • illustrative infringement analysis suitable for internal strategy, licensing, or litigation preparation.

Where appropriate, preliminary or focused infringement analyses may be performed to assess the likelihood of substantive findings before undertaking detailed review.

Approach to Infringement Search and Review

Infringement searches are conducted through a structured process that combines legal interpretation with technical investigation:

  • Claim Interpretation: Careful analysis of the patent’s claims, specifications, and file history to understand scope of the claim and identify essential elements.
  • Feature Identification: Examination of products, processes, or technical systems through available documentation, empirical observation, or reverse engineering, where necessary.
  • Mapping and Analysis: Structured mapping of elements of the claim to product features or process steps, with attention to potential literal infringement and equivalents.
  • Expert Review and Synthesis: Technical and legal specialists collaboratively review findings to contextualise material in light of applicable legal standards and the client’s strategic needs.
  • Reporting: Findings are consolidated into a report that may include claim charts, evidence summaries, and analytical observations tailored to the intended use of the analysis.

Use of Technology and AI-Assisted Review

Infringement search work often involves vast amounts of technical and patent data. IIPRD integrates AI-assisted indexing, semantic matching, and pattern recognition to support broad and efficient identification of relevant disclosures and product characteristics. These tools help surface conceptually relevant material that might be described using diverse terminology or in disparate technical sources. However, all AI-assisted results are reviewed and interpreted by experienced patent analysts and attorneys to ensure legal relevance and accuracy in context.

Use of Infringement Search Results

Infringement search findings are intended to support assessment of potential infringement and related strategic considerations. They do not constitute an opinion on patentability, validity, or freedom to operate, each of which requires separate, context-specific analysis.

Illustrative Case Study

In one engagement involving a consumer electronics product, IIPRD was engaged to assess potential infringement of multiple asserted claims across a family of related patents. The analysis involved detailed deconstruction of independent and dependent claims, review of publicly available product documentation and technical disclosures, and preparation of element-wise claim charts mapping claim limitations to corresponding product features. The assessment enabled the client to evaluate the technical strength of the asserted claims, identify areas requiring further factual development, and determine appropriate next steps from both commercial and legal perspectives.

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