Infringement Search

Discover illegal use of your patented invention

Extensive mining of technical literature

Extensive mining of technical literature

Monetization focus

Monetization focus

Only 5 business days turn-around timec

5 days turn around time

Leverage our diverse industry experiencec.jpg

Leverage diverse industry experience

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Why Patentskart?

Our Patent Infringement Search team is on a mission to identify potential infringers and investigate their products for patent infringement. The group looks out for companies operating in related technologies, analyzing documents such as whitepapers or product datasheets to find relevant materials before gathering evidence of misconduct through claim charts that include infringing results from our proprietary databases. 

Further, Your  patent attorney can provide valuable guidance about your rights, how you should negotiate legal or law agreements and what changes should be made for a successful grant. A lawyer with this knowledge also has advice on other options like invalidating the patented invention or waiting until infringing patents expire, which will save money in legal fees if taken before they are infringed upon.

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  • Infringement Analysis

    Infringement Analysis Infringement analysis identifies third-party products that read onto your most robust patents.bIt helps to look out for potential infringers or organizations operating in a homogeneous technology area and analyze their products with regard to the claims of your Patent. We dig deep into documents such as whitepapers, product datasheets, standards, videos, etc., to identify relevant products/standards and prepare claim charts as evidence for infringement so you can be free from all the burden.

  • EOU/Claim chart preparations

    Detailed claim charts to cite evidence for an infringement We help you make that critical decision about Patent licensing, acquisition or sale, by carefully analyzing the patent claims, followed by a detailed analysis of relevant products for infringement. We prepare clear Evidence of Use (EU) claim charts to indicate how each patent claim element reads onto the product features with element-to-element mapping.

  • Potential Licensee Search

    Our technology experts will carefully analyze articles regarding your IP portfolio and evaluate different technologies to recognize patents worth having the license. These could be underperforming patents that are not aligned to your core technology. Accordingly, we locate potential licensees best suited for driving negotiations, and you can be free from all the worries. We work for you and your team to strategize patent acquisitions and cross-license opportunities. We will evaluate your business SWOT analysis to identify which technologies and patents are the best fit to strengthen your current portfolio.

When should you conduct an infringement analysis?

Patent owner wants to identify the parties that are potentially violating the owner 2019 patent rights: In this scenario, the patent owner is interested in identifying the companies that are active in the market with products infringing owner 2019s products. Once the potential infringing products/parties are identified, they would be asked to license product owner 2019 technology, or sued to stop them from exploiting the owner 2019 patented invention” 

Attorney involved in a patent litigation wants to understand the level of infringement, if any, to assess the damages: In a patent litigation, parties arguing about potential infringement are very interested in estimating the damages associated with the infringement. In such scenarios, attorneys representing both the plaintiff and the defendant may get infringement analyses done separately to check the level of infringement to support their arguments, and to assess damages from their perspective. Company releasing a product wants to understand if there is any potential infringement on active patents: Companies typically get a freedom to operate (FTO) analysis done prior to launching a product in the market. In assessing FTO, professionals analyze the relevant patents for any infringement.

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we will answer your questions, scope your project and discuss your potential fit in style.

Elements of Patent Infringement

A patent gives the right to manufacture, import into a country, and sell their invention. They also have patents on anything that can be patented, including processes or products, so this virtually means anyone who infringes one of these terms would be committing trademark infringement, too for which there are laws in place regarding damages ranging anywhere from $200 up until millions depending upon how much money was made off selling infringing goods as opposed to creating new ones with your own unique design idea.

In response to allegations of Infringement, an infringing party will generally assert one or more of the following:

  • It was not practicing the patented invention
  • The company might have been operating in the country for years and is not currently infringing on its patents. They are ready to stop all production to afford to renew this expired patent if necessary. However, until then, they will be making sure everything runs smoothly as possible while still complying with local laws regarding intellectual property rights.
  • A patent is a government-issued license to prevent others from making, using, or selling one’s invention. The process for obtaining this special status involves applying with the USPTO (the United States Patent and Trademark Office), which includes full descriptions of all steps taken during development as well as diagrams illustrating how they work together in what’s called “outline form.
  • The company has obtained a license under the patent, which means it is now out of its Shadow Mode and public view.
  • The patent holder is infringing upon the accused’s right to market their product, and they may resolve this dispute by either settling out of court or licensing each other.

Different Types of Patent Infringement

There are several different types of patent infringement, including direct and vicarious infringements.

Direct infringement

Direct infringement

Someone makes the product without the patent holder’s permission. The infringer doesn’t have to understand that the patent exists for the patent owner to charge them for direct infringement. That person can’t make, sell, use, offer, or import a patented invention whether or not they know a patent exists.

Indirect infringement

Indirect infringement

The patent holder is often not the first person to come up with an invention, but they are responsible for innovating and designing it. The infringer may have inspired or helped in violation of this law by encouraging others around them who were also infringing on their patents without permission from either party involved.

Willful infringement

Willful infringement

Intentional or willful infringement means that another person or company intentionally used someone else’s patented visions or products. A straightforward way to discredit willful infringement is to hire a patent attorney, who probably will inform their client if the violation is about to happen.

Inequitable conduct defense

Inequitable conduct defense

Suppose you can verify the patentee purposefully deceived the PTO during the application for the patent. In that case, the patent could be found to be unenforceable. Unenforceable patents are nullified of all the lawsuits in the patent, whereas a patent may still be permitted if it has one or more cases still good. This justification would be straightforward and practical

Avoid Costly Investment Decisions

Avoid Costly Investment Decisions

You can demand to have the patent reviewed by the Patent Trial and Appeal Board, and if they declare it null, this shows that you cannot have infringed upon it. Using Quality Insights, you can get an introductory analysis of how high your probabilities of invalid patent claims are. This is done by examining the prior art, patent strength, and other details regarding that distinct patent.

PCT e-filing

literal infringement

To confirm literal infringement in court, all aspects of a defendant’s device or view must be present in the patented one.

Induced infringement

Induced infringement

This refers to influencing or convincing someone to make a patented creation.

Contributory infringement

Contributory infringement

Someone provides a part of a product to help someone else violate a patent. That part must not have any other valid use.

Defenses against and remedies for patent infringement

Experimental use exception

Experimental use exception

You can claim that your product or process is not infringing for experimental purposes. This is most seen in scientific investigation or the pharmaceutical industry.

Prior use exception

Prior use exception

If the topic matter (either a process, machine, manufacture, etc.) is confirmed to be (1) already in commercial use or on sale (2) 1 year before the patent practical filing date or exposure date, you may be suitable for this exception.

How to avoid patent infringement?

The best way to avoid patent infringement is by understanding what you’re doing. If a company files for patents, it will cover all aspects of that particular process and any other person using those ideas would be infringing on the original inventor 2019s rights if they were not officially licensed with them beforehand.

  • To avoid violating someone is patent

    Conduct a Freedom-To-Operate search, either through Patent Search, Design Search, or with the help of patent attorneys.

  • To evade others infringing on your patent

    Note the defense range of your patent. Is your patent guarded in the countries of your targeted markets? Or is it protected in countries where a possible violation will occur?

  • For both parties, you can also

    Pursue legal consultation. An experienced patent attorney or advisor will be essential in interpreting and forecasting likely patent infringement risks.

How to avoid patent infringement

FAQs

Any unauthorized use of someone’s property without seeking their permission is known as Infringement. Patent Infringement search ( Patent Search) identifies third-party products that read onto your most vital patents. We look out for potential infringers and companies operating in a similar technology domain then analyze their products concerning the claims of your patent.

Intellectual Property rights mainly have four types of infringements:

  • Copyright Infringement
  • Patent Infringement
  • Trademark Infringement

Design infringement

The registered holder ( patented invention ) who has the right over invention/mark can sue for an infringement.

To know who is using your mark or similar mark, you should conduct an infringement search over databases. For this, you must approach a Researcher\\/Analyst who can perform an IP search for your mark invention work.

Costs include court filing fees and related litigation expenses. In addition to infringement damages, a patent owner may stop the infringer from producing infringing products.

Patent infringement is not a crime, so there are no criminal penalties.

 

It is a civil matter, and one of the reasons why patent infringement is so common is because the civil penalties are not severe. For example, if a patent owner sues a manufacturer for patent infringement and wins, the redress awarded by the court is defined by law as  “reasonable royalties. ” In other words, what the patent owner is entitled to be the royalty he would have charged the manufacturer of the infringing product had the manufacturer licensed the patent in the first place.

You can avoid Patent Infringement when selling your providing by doing the following things:

  • Obtain a portfolio of patents and other intellectual property rights
  • Identify the patents in question, and then work around them.
  • Like American vendors, buy your components from sources who have already done patent infringement searches as part of the process.
  • Have a clearly defined patent infringement policy and get the infringement analysis done every time before launching a product in the market.
  • Patent infringement search identifies third-party products that read onto your most robust patents.
  • Is it a U.S. Patent? If not, I don’t deal with it and rely on counsel in the country that issued the patent.
  • S. Patents issued ten or more years ago require maintenance fees, so I would check if the maintenance fees are paid.
  • Assuming the patent has not expired or lapsed for lack of maintenance fee payment, I read the patent’s claims.
  • I check if – for each independent claim – there is one element of the claim that my proposed product does not have, either literally or equivalently (one test for equivalence is the same function, the same way, for the same result, but that is not the only possible test). If there is an element lacking in each independent claim, then I stop.
  • If each element of independent claims is in my proposed product and I don’t want to eliminate any aspect, I check for the scope of that independent claim. I look at the file history to see what arguments the patent applicant made if I need to interpret some claim elements.
  • Then I consider the prior art – a product publicly sold 100 years ago is safely in the prior art. I identify the differences between the claims of the patent and the prior art.
  • Then I consider the differences between the patent claims and the allegations, and my proposed product.

Unless the patent recites claimed subject matter in terms of the result, the focus of claims analysis would be on the elements of the claim, not so much on what results might be obtained when using the claimed subject matter.

Also, patent infringement is distinct from patentability. Patent infringement is a question answered by comparing the proposed product to a patent of another. Patentability is a question answered by comparing the proposed development to the prior art. Thus, a proposed product can be patentable and infringe on a patent of another.