PATENT RESEARCH

Patent Infringement Study

Einfolge’s Patent Infringement Study or Analysis helps in estimating the risk of patent infringement before developing, producing, and marketing your product. Our patent infringement searches are conducted to identify any unexpired patents that have claims that match the product features, with the goal of uncovering patents that could pose an infringement risk to a new product. We recommend conducting this search before the product is released to the market. Infringement searches may also include expired patent art and non-patent sources, such as product literature (scientific literature, conference papers, and journal articles).

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Process of Patent Infringement Analysis

Patent infringement analysis involves a comparison between the claims of the patent and the accused product or process, both literally and by equivalence, to determine if all of the elements of the claim are present in the accused product or process. If any element of the claim is missing or different from the accused product or process, then infringement may not be found. However, it’s important to note that the standards for infringement can vary from country to country, depending on the specific patent laws and legal precedents in each jurisdiction.

We know exactly who needs it

Patent infringement analysis or search may be required by various stakeholders, including inventors or businesses developing new products or technologies who want to ensure that they do not infringe on existing patents. Companies accused of patent infringement also require analysis to evaluate the strength of the infringement claim. Individuals such as lawyers involved in patent litigation cases, investors, or potential acquirers of a company or technology may also need to evaluate potential patent infringement risks. Patent owners who suspect that their patent rights have been violated may need to identify potential infringers. Additionally, researchers or scholars who want to evaluate the patent landscape in a particular field of technology may also require patent infringement analysis.

When should I conduct a patent infringement analysis?

Have you faced the following issues? One may proceed with a patent infringement search for the following reasons:

  • If amendments are required to a claim during prosecution,
  • If a patented invention is used in an illegal manner
  • If there are possibilities for licensing
  • If there is potential for patent monetization

Situations where patent infringement analysis can benefit you

Prior to commercializing your product, conducting an early infringement analysis to identify any existing patents or pending patent applications can help you evaluate the potential risks and benefits of pursuing patent protection to avoid costly legal disputes down the line.

In the situation of receiving a cease-and-desist letter or other notice alleging patent infringement, it is important to conduct a thorough infringement analysis to determine whether the claim has merit and how to respond.

Lastly, if you are considering acquiring another company or merging with another business, you can conduct a thorough due diligence review of their intellectual property portfolio, including any existing patents.

OUR USP (Unique Selling Proposition)

We engage with clients throughout the entire process, from the initial discussion of search requirements to the delivery and post-delivery phases, utilizing an agile client engagement model. Our output includes descriptive and innovative representations.

Our subject matter experts conduct in-depth searches of various databases and sources, including the USPTO patent databases, international patent databases, and patent litigation records, to understand patent and novelty statements.

After locating pertinent patents, we carefully examine the patent claims to ascertain whether components of the invention are covered by the patent.

Einfolge provides detailed claim charts and Evidence of Use (EOU) to map product attributes to patent claim components that may be infringed.

Einfolge’s team of experienced patent attorneys performs infringement searches, infringement identification, and analysis, and provides opinions to clients. We support clients with strong patent acquisition, litigation management, patent enforcement, avoidance of infringement, and risk-free product introduction. Our broad experience offers a solid base for issues involving patent infringement.

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Design patents are a type of intellectual property protection that ensures the distinctive, decorative appearance of functional objects.