Prevailing Conditions: * What if you are infringing some company's patent or product? * What if some company's patent or product infringes your patent? Solutions to the conditions: Condition 1 : If you are infringing then you need to defend the claim in order to save yourself.
This can be achieved by doing some detailed analysis.
Solution: * Need to check whether the claims, potentiality, technology and other features of the patent in force are novel, at the time it was patented.
* Need to check whether the claims, potentiality, technology and other features of the patent are in practice or not.
* If the product for that particular patent is already in the market, Check whether the technical aspects of the patent is applied in a significant way to the patents product/service * Check if the claims of the patent are complete and accurate * Also find if the holder of the patent is infringing any of your patents * Check if the independent claims, potentialities, technologies, and features identified as infringing by the competitor exist in, match, or are equivalent to those in the client's accused patent, product, or service.
* Determine if the infringement is literal or equivalent.
Also check if the infringement is direct, indirect, or contributory.
This is achieved by performing 1) Claim to claim analysis 2) Technical capability evaluation Condition 2: Identifying whether other company is infringing your patent or product.
This can be achieved by doing some detailed analysis Solution: * Need to perform a patent search in order to identify if the patent or product of the competitor uses any of independent claims, capabilities, technical features of your patent.
* Need to perform a non patent search in order to identify if the patent or product of the competitor uses any of independent claims, capabilities, technical features of your patent.
This search involves searching in competitor's technical literature, product literature, pamphlets or brochures, ads, promotional material, user guides, product packaging, and related web sites.
* Identify the key technologies, features, and capabilities in each of the competitor's patents, products, or services that closely match or are equivalent to the client's patent key claims, capabilities, technologies, and features.
This is achieved by simply breaking the claims of the competitor's patents into elements and search for all the elements that matches your patent claims etc * Determine if the infringement is literal or equivalent.
Also check if the infringement is direct, indirect, or contributory.
This is achieved by performing 1) Claim to claim analysis 2) Technical capability evaluation