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 a 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?

Ingenious e-Brain has more than 9 years of experience in the IP field. Our team covers possibly every technical domain. We go through every database to deliver accurate results. Also, the clients can examine the status of the work at any stage of the process. Most importantly, 100 % customer satisfaction is our top priority.

To know more, visit our service page: https://www.iebrain.com/services/ip-intelligence/infringement-analysis/.

How To Conduct Patent Watch Analysis?

The process to implement the patent watching service at regular intervals is the key to ensure the safety of your patents. It can be monitored from official journals, online sites, etc. Moreover, there are various reasons for firms to use patent watching/monitoring searches, such as to analyze competitors in the market, to prevent any patent infringement, etc. Also, the main aim is to gain information about market strategy, competitor's potential resources and determine the strength of services/products. Most importantly, increase in legal protection of patent reduce the chances of infringement.

Regular monitoring ensures the monopoly on inventions. It detects potential infringement related to the manufacture, sale, or import faculties in each region. Moreover, it gives insights into the domains in which competitors are focusing on research. Hence, firms that rely on innovation can respond accordingly.

Reasons To Implement Patent Watching/Monitoring Services

 

• It determines novelty or performs prior art searching: The main aim of a patent watch is to understand the novelty to lower the expenditure for performing extra R&D. Clients also clout the report references to create a better quality of draft while presenting prior art in front of the analyst at the time of prosecution at the Patent Trial and Appeal Board (PTAB).
• To assess product clearance, right-to-use, or perform a freedom-to-operate search: It is crucial to search for potential infringement by performing a product clearance search. It helps in discovering the leading competitors for a specific domain. This helps in avoiding any potential infringement.
• Perform Validity or Invalidity search: We can conduct a complete validity search against any patent claims through our large domain experience and database coverage. We work with some of the prominent IP litigation firms in the United States, and our work has demonstrated benefits in hundreds of cases. It will allow you to monitor potential infringement risks.
• To perform a state of the art search: This can even provide you with an overview by examining published patents, applications, and non-patent literature, and which will help to understand future trends.
• It discovers competitive or technical intelligence: This can help identify new competitive insights to help you manage business plans. It allows you to identify and monitor other people's patent applications which the opposition may challenge in the future.
• To perform subject matter-specific watching service: Watch can even be explicitly performed on a technical subject. In this, the search is only carried for any new patents or patent applications in a specific domain.
• To perform search specific to proprietor/applicant name: There is also a provision to perform a patent search by a particular name. It is a better option if you want complete information about the leading competitor about his all sorts of technical improvements.
• It monitors every phase of the patent process: It is essential to watch every step of the patent application process since patent applications regularly undergo amendment throughout an examination. Therefore, a third-party patent application that emerges to be an infringement risk at the starting of the procedure may or may not remain such at the later stages. For this, monitoring is a must to know regarding the risks associated with all the stages of a patent process.

Ingenious e-Brain has more than nine years of experience in the IP field. Our team covers possibly every technical domain with eminent clients globally. We go through every database to deliver precise results. Also, the clients can check the status of the work at any stage of the process. Moreover, 100 % customer satisfaction is our top priority. To know more, visit us for Best Patent Watch/Monitoring Analysis Services.

 

Why Is It Essential To Conduct A Valuation Of Your IP Assets?

Value from an IP asset is obtained through direct exploitation when a sale and licensing of the IP or by not exploiting an IP asset (i.e., by merely owning it), for instance, by reducing the negotiating power of customers, offsetting supplier power, mitigating rivalry, raising barriers to entry by competitors, minimizing the threat of substitutes, etc.

What are the factors that influence IP Valuation?

1. Standard of value

The most often used standards of value are Fair market value and Fair Price Value. It is essential when undertaking an IP valuation exercise. Fair market value (Market value) can be described as the price at which an asset or service passes from an interested seller to a buyer. It is presumed that both buyer and seller are rational and have a reasonable knowledge of relevant facts. Fair value (Fair price) is seen as suitable for use in post-transaction purchase price allotment. It is established on the belief that market candidates would use when pricing the asset. However, fair market value seems to be more relevant when utilizing the premise of value in exchange, and fair value is often based on the premise of value in use. As mentioned earlier, IP valuation is a process to evaluate the fair market value of an IP asset.

2. Purpose of valuation

To determine the premise for the calculation of value, it is necessary to understand the purpose of valuation. For example, valuation from the perspective of market value and investment would be completely different. In commercial situations, market value is the suitable premise. International Value Standards describe market value as “The estimated amount which a property should exchange on the day of valuation between an interested buyer and a seller in an arms-length transaction after proper marketing wherein the parties had each proceeded knowledgeably, prudently, and without compulsion.”

3. Valuation method(s)

The methodology applied and assumptions made while applying a particular patent valuation method affect IP assets' value. A market method is the most helpful form of valuation. The cost method is usually refrained by companies since it ignores the novel characteristic of IP. This method is effective for R&D costs.

4. Nature and strength of IP asset

The competitive strength of an IP asset governs the comparative valuation that it shall hold in the market. The aspects such as customer responsiveness and market circulation of a product or availing service determine its IP value. The threat of new entrants and substitutes influences the value of IP assets.

Reasons to conduct a valuation of your IP assets

1. Sale, licensing, or exchanging of Patents
2. Directing funds towards R & D
3. Transfer Pricing
4. Valuation in case of infringement
5. Valuation for collateral with the bank or raise funds for venture capitalists
6. Companies’ financial status

If you need patent valuation services to ascertain the fair value of your patent, Please let us know.