An infringement analysis helps in determining the worthiness and future potential of a patent and to enforce the IP right of the patent holder. This is generally performed keeping in mind the interest of patent holders and/or investors.
The primary objective of this analysis is to identify products, processes, or services existing in a market in a country or region of interest, in which the patent is granted, that potentially infringe on the patent in question.
An infringement analysis is performed to gain commercial significance from your patent right against likely and possible infringers through infringement lawsuits. Moreover, by an infringement analysis the IP value of a patent can be determined which may further help during licensing or sales agreement and/or acquisition.
An infringement search is conducted in three basic phases from preliminary to a detailed analysis varying with the need and requirement of the client. A first level analysis begins with the understanding of the patent in question followed by the broad identification of products or processes. Further, for every product or process, evidences are collected, and a claim mapping chart is prepared to confirm infringement of the patent claim. This second level filtering of the identified products helps in narrowing down the infringers list. Finally, an EoU chart, and proper mapping with detailed inputs are provided for interested product or processes.
A third level analysis is not mandatory but highly effective and insightful as it properly illustrates cases of infringement in a complete, credible and confident way. The search reports for three phases are presented in a spreadsheet and/or word file keeping in mind the requirement of the client.