A Guide To Patent Infringement Analysis

Patent infringement is using a patent for commercialization/Monetization purposes without the patent assignee permission or license. Patent infringement analysis determines the category of patent infringement, such as Literal infringement and Doctrine of equivalents.

• Literal infringements: It happens when the accused firm copies the product as claimed in the patent. Two main specifications of literal infringement are: The function of the accused product is similar to the original patent. It is also identical in terms of material and structure.
• The doctrine of equivalents: This includes any partial infringement. If any part of the accused product is accomplishing the same result through the same process, it covers the equivalents’ doctrine.

The steps for a patent infringement analysis are:

1. Describe the claim in patent thoroughly.
2. Compare the claims and accused products to check for literal infringements.
3. In case of no literal infringement, examine for infringement under the doctrine of equivalents.

The approach is to go into details of the claim as much as possible. In some cases, the complete drawing is similar, and any small part is claimed. The accused product can have multiple similarities with the original patent, but in case it’s not violating the claim, It doesn’t come under patent infringement.

Aside from literal infringement and the doctrine of equivalents, there are few more types of infringement based on the different violations.

· Direct infringement: If anyone sells, uses, or offers to sell a patent in the U.S.A without any authorization comes under direct infringement.

· Contributory infringement: Duplicating a part from a patented invention and then use or sell it comes under this infringement category.

· Process patent infringement: Importing any innovation in the U.S without the authority of the patent owner comes under process patent infringement.

· Litigation process after patent infringement analysis

Once the patent infringement analysis is done, courts have a two-step process to find out the result.

1. Claim construction
2. The court governs whether the accused product infringes on the authentic patent.

Claim construction is the scenario when the court describes the claims made in the patent. During this process, the precise meaning of the term is considered. Although, it can be changed if the patent owner gave a different meaning to the term. Large firms focus on developing a patent claim construction to establish their position on the legal front.

The court judges the product depend on functionality. Any part in the claim is considered as a method to complete a function. It finishes the opportunity of the claim. If a meaning for a technical word is not clear, the court considers the meaning specified by experts or textbooks. In conclusion, claim construction is entirely under the court. However, parties can have a jury trial interrogate the court’s interpretation of patent infringement. Moreover, there are specific ways to defend a patent infringement lawsuit.

Want to conduct a patent infringement analysis?

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