Infringement Analysis
Infringement analysis is a process used to determine whether a product, process, or technology infringes on an existing patent. The goal of an infringement analysis is to identify potential legal risks and make informed decisions about the commercialization of a product or technology. The analysis involves reviewing the claims of the relevant patents and comparing them to the product, process, or technology in question.
The process of infringement analysis typically involves the following steps:
- Identify the relevant patents: Conduct a search of existing patents in the same technology area to identify the patents that could be infringed upon.
- Review the patent claims: Read and understand the claims of the relevant patents to determine their scope and the rights they confer to the patent owner.
- Compare the product or process to the patent claims: Carefully compare the product or process in question to the claims of the relevant patents to determine whether it falls within the scope of the claims.
- Consider defenses and exceptions: Consider potential defenses such as prior art, exhaustion of rights, or the doctrine of equivalence to determine whether the product or process in question might still infringe on the patent.
- Make an infringement determination: Based on the analysis, determine whether the product or process in question is likely to infringe on the patent.
- Consider the legal and commercial implications: Consider the legal and commercial implications of the infringement determination and make informed decisions about the commercialization of the product or technology.
