What does the search mean?
Patent Infringement is the violation of patent rights assigned to an inventor/assignee for any invention when any other entity is utilizing/offering/making use of the patented invention without taking the consent from the inventor/Assignee. In such cases the patent owner has right to file a lawsuit against the involved entity.
Hence the infringement search means to discover any existing entity which is directly or indirectly making use of or selling the patented invention without the consent of the patent owner. The search generally focuses on finding products but also includes standards to cover products registered under the standard or to make a patent SEP (Standard essential patent).
LogicApt Informatics have superior researchers with prowess in the Infringement searching. Our highly skilled technical team can perform thorough searches to find any pertinent products that can violate the patent in order to provide patent infringement services. The team then examines numerous papers and disclosures related to the product and provides a litigation ready claim chart (as per the requirement).
Challenges Faced [by lawyer if he wants to do Infringement search himself]
- Proving infringement for products is difficult as claim language is different from the brochure.
- Unable to make litigation ready claim chart due to deficiency in combined knowledge of IP and technology.
- Lack of awareness about paid and scattered non-patent literature search databases (IEEE, ScienceDirect, Nature, ResearchGate, PubMed, PubChem, Elsevier, springer, Wiley, and so on)
- Not able to map standards due to lack of knowledge in core technology.
- Challenging to find an infringer with high revenue to get better settlement money.
- Unable to spot indirect or combinational infringements in the product.
- Tear-down of products and hidden information from a company about the product is not available for public.
- Complex program’s decoding and reverse engineering of the product to map it against the claims of a patent requires expertise and is expensive as well as time consuming.
- National and International standard searching from different databases (ATSI, ANSI, ETSI, 3GPP, ITU, and so on).
- Portfolio analysis with taxonomy and competitor market analysis for hustle free work to find multiple litigations.
- Unable to find release date for any product or standard.
- First level analysis to find best patent with broadest claims (in case of a portfolio).
- Create taxonomy for the portfolio and extract best patents for possible infringement manually (in case of a portfolio).
- Understanding of the patent and file-wrapper and identifying novelty statement.
- Relevant keywords and concepts extraction.
- Patent and technology monitoring by Orbit and find competitors and relevant standards for the technology.
- Use of first pass data and manual search to identify broad leads and companies related to subject patent technology. The broadly related leads may comprise webpages, PDF documents or videos of the products or relevant technology standards.
- Create a list of relevant potentially relevant product(s) and check for any licensing and approval from client to map.
- In depth manual analysis of the broadly related webpages, PDFs and videos of the identified products or standards to prepare litigation ready claim charts.
- Optionally recommending if reverse engineering or teardown or access to any paid services is required to make high value claims chart.
How LogicApt adds Value?
- Logicapt can provide you with reverse engineering, program decoding or tear-down of the products not available in product literature.
- To conduct a patent infringement search and analysis, Logicapt has a highly skilled staff that includes engineers, graduate students, and PhDs in a variety of fields.
- Color-coded claim charts for better representation of the charts.
- Litigation ready claim charts to save hustle.
- Analyst comment for possible technical arguments in the claim charts related to any element.
- Quality check team with highly experienced people to check for the quality of every deliverable.
- Recommending only the necessary work and saving your time and money from spending it on the unnecessary paid database searching.
- Responsive team for better understanding of your requirements from a search.
- Frequent sessions with technical team to getter better view of the proceeding search.
FAQ for Infringement search
Which date should we consider for Infringement searching?
Any product launched after the filling date of a patent is prone to infringement.
Do we have to apply any country limitation or any data can work?
For an entity to be infringing it should be making use of or offering the invention in the same country for whose patent office your patent is registered.
Do patent need to be granted before filling an infringement?
Yes, only the granted patent are involved in litigation cases against a product and that is the reason we can’t file a case from PCT applications even after they are published.