Litigation
Patent invalidation
Patent invalidation, alternatively referred to as opposition or validity search, is a thorough investigation aimed at determining the validity of one or more claims within a granted patent. Its purpose is to ascertain whether prior art exists that might challenge the patent’s validity.
Essentially, it serves as a litmus test for the enforceability of a patent. The term ‘prior art’ encompasses information concerning a patent that has been published globally in any language, preceding the patent’s initial filing date. A patent that withstands scrutiny from an invalidation search can be considered strong and durable.
Infringement Search
When an individual sells, imports, uses, or manufactures a product that another person invented (Patent) without permission, it constitutes patent infringement. This type of infringement is relatively straightforward, given that all patent information is publicly accessible to anyone.
Despite its apparent simplicity, patent infringement is unlawful. Should a patent holder choose to take legal action, the court typically intervenes to halt the illicit activity and may impose penalties on the infringer, including financial compensation awarded to the patent holder. Since patented concepts often comprise multiple sections or components, it is feasible to face several infringement claims for a single patent.
Claim Chart (Evidence of Use)
A claim chart illustrates how a product (or service) has violated a patent, usually a utility patent. To substantiate the case, the patent holder must demonstrate that the product or service infringes on each aspect of the claims. Claim charts simplify intricate claims into easily understandable arguments for both parties in a legal dispute. They also facilitate compromise and negotiation.
The claim chart dissects a claim into its specific elements. It isn’t obligatory to cover the entire patent claim and can focus solely on the valid parts. Many legal professionals concur that the efficacy of the claim chart is contingent on the quality of the claims it encompasses. If it lacks complete claim language, a court cannot ascertain whether infringement has occurred.