How to perform infringement analysis? Start with the patent first….

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Road map for - 'Patents to Dollars'

INFRINGEMENT ANALYSIS

Infringement Analysis is a two-step process:

(1) First, ascertain the scope of the claims (i.e. claim construction);

(2) And then, decide whether the claims (as properly interpreted) cover the target product (i.e. whether the claimed invention has been infringed).


Start with the Patent…

Read the Abstract –

We often have a pre-notion that ‘Abstract’ is an introduction which can be skipped. But, believe me, abstract is the best place to start with. If you are looking for a shortcut to understand the invention, Abstract should be the first place to start with.

Analysis of abstract leads us to the invention aspect which applicant is trying to target. Abstract may not reveal information pertaining to novelty of the patent, but it will provide the perception of inventor and the target area in the invention.

Second Step – Examine the Claims –

We should then move to the claims –…

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