Patent Infringement Search
About the service
Businesses spend a lot of money on patent application and research & development. By upholding the legal rights of their IP portfolio, we assist our clients in turning their investments into profits.
One of the legal rights that comes with a patent is the ability to monopolize your creation for a predetermined amount of time, usually twenty years. Searches for patent infringement are one method of making money off of patents. When a company, whether intentionally or inadvertently, uses the asserted features of a granted patent in one or more of its goods or services, it is committing patent infringement.
Methodology
The following actions are taken in order to mine patents:
Recognize the patent and select the most expansive claim.
Beginning with a comprehensive comprehension of the patent in question and going over its specifications, claims, file wrapper, etc. Next, determining the claim’s most expansive independent assertion, its essential components, and its unique aspect.
Determine Who May Be Infringing
Locating possible infringers and evaluating any technology or goods they may have that violate the patent.
Examine the technology or product in question.
Identifying the features, elements, or procedures of the alleged technology or product through a thorough examination. This calls for a comprehensive search that includes looking through product teardowns, detailed documentation, etc.
Examine the accused technology or product in relation to the patent claims.
Assessing whether or not each claim element is present in the accused product or technology by contrasting its features with those of the competing product or technology.
Level of marking infringement
Giving each patent a ranking based on the alleged product’s level of infringement. There are three levels of infringement: High, Medium, and Low. Low denotes no infringement mapping, High denotes full infringement mapping, and Medium denotes partial infringement mapping that includes aspects of innovative claims.
Creating an Analysis Report
In order to fully comprehend each patent and its infringement search, a report that includes analytical remarks, target products, source linkages, infringement level, etc., must be prepared.
Case Study
We were asked to assist one of our clients in monetizing their intellectual property portfolio in order to compete with their main rivals. Finding potentially infringing products from competitors was a requirement. To start, we use our proprietary ranking engine to enter the granted patents from our clients’ portfolios and calculate their patent strength. Using ten essential criteria, such as forward citations, litigation status, family legal status, geographic coverage, etc., our ranking tool calculates a patent’s worth. The portfolio was then manually categorized using the prepared taxonomy after it had been graded according to the important criteria.
We were once asked by a customer to conduct an infringement search for a collection of patents against certain target companies. The patents covered things like ballistic resistant materials and safety equipment. It was necessary to classify each patent in relation to the goods of the designated target companies; the customer supplied the various classification definitions. We conducted a product search on the specified target companies and found a number of very probable instances of product infringement. As requested by the client, we offered distinct classifications for every patent. Finally, we presented our results in the form of an Excel report that included categorization, source links, analysis comments, and patent understanding for every patent. During the call, the client expressed gratitude to us.
We were once contacted by a customer who wanted to do an open search for patent infringement. The patents included topics like multimedia, content delivery, over-the-top (OTT), and more. The customer requested that we solely focus on the major players in these markets. We conducted product searches for some of the major market participants in these sectors. We were able to find several good products that were infringing on these players’ offerings. Finally, we presented our findings in the form of reports on the viability of infringement. A thorough synopsis of the analysis is included in the feasibility report, along with the product’s likelihood of infringement. The customer was really pleased with our performance.
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FAQs
What is an Infringement search?
Infringement search is conducted to determine whether a product or a process infringes upon an existing granted patent claim. A product cannot infringe the dependent claims if the product does not infringe an independent claim. Therefore, the independent claims are analyzed for the patent infringement.
Why is an Infringement search important
Infringement searches are conducted to ensure that nobody makes, uses, or sells your patented invention without your consent. Performing an infringement search can provide you information about possible infringing product/technologies available in the market.
What are the parties involved in patent Infringement?
The party who is the patent holder/owner is called plaintiff and the infringing party is called the defendant. The term ‘multiple infringers’ is used when there are cases of more than one party being accused of infringing on the same patent.
Who typically conducts Infringement searches?
Infringement searches are typically conducted by patent attorneys, intellectual property consultants, or professionals with expertise in patent law and patent analysis.
What are the key objectives of an Infringement search?
The main objectives of an Infringement search are to :
Identify the products/technologies that may be infringing your patents.
Determine potential strategies to get returns from investment made in filing and maintaining the patent portfolios.
What happens if potential Infringement is detected?
Patent infringement cases result from a party’s use or sale of a product that uses another party’s patented technology without the permission of the patent holder/owner. If potential infringement is detected, the patent holder can sue the infringing party to stop the use or sale of their product. The patent holder can also seek damages for the unauthorized use that occurred.
