3 Steps for Detecting Patent Infringement : An Easy Approach : If you believe in the concept or existence of ‘Patent Police’, let us clarify that there is no such thing provided from the authority or regulatory bodies. Ultimately, the obligation of monitoring the commercial center for an infringement of a patent falls on the shoulders of the patent holder. On the off chance that this obligation isn’t satisfied, at that point the patent cannot be utilized to prevent others from making, utilizing or offering the innovation, on the grounds that the personality of the “others” is not identified. The best options or choices laid in front of you as a patent holder are
- Being aware of each item entering into the market to find patent any infringement caused by any of them (which is time consuming and tiring). OR
- Contracting a patent counseling firm or law office (like us) that can enable you discover the items that have utilized the invention.
How would you conduct the process of infringement detection?
You as a patent holder can easily conduct the process of detecting an infringement in the market place through a non-trivial investigation. One can find the infringement activity taking place in the market, however finding the infringer behind those activities is a tedious task. The most certainly noted and widely not accepted are the expense, complexity and cost of such investigation varying with type and nature of invention. If the invention has a specific signature in design, the hunt for the infringed product becomes easier to distinguish and recognize from the protected product and claims can be easily made. However, the invention related to advanced or enhanced process resulting to the same conventional available product with extra feature might be difficult to identify for infringement.
Identifying the infringement for those inventions is challenging. The reason behind is that the finished result of the innovative process method might be indistinguishable from product made by non-infringing manufacturing method. In such cases for detecting infringement, the IP owner (i.e. you) may need to inspect the contenders’ industrial facilities and production mechanism. Obviously, a contender will not allow an easy access to its industrial facilities particularly for avoiding any patent lawsuit. So, you (i.e. patent holder) might be compelled to switch to other methods for detecting infringement such as technical documentation for admissions evidencing infringement or scouring competitors’ websites. This approach may fall through, since insightful contenders may purposefully restrict the disclosure of the information to non-clients, with an aim to avoid patent lawsuit.
The process of identifying infringement in computer based invention, cannot be easily performed by examining the end result since the patent of such field are based on internal architecture of the PC hardware or software. Hence, they require manual analysis of the backend process for the infringing device. Another approach is the Reverse engineering; it is the key to unlocking the process of the development of the infringed product. It provides knowledge concerning the infringement occurrence. Reverse engineering can be understood as each part of item is decoded to understand the functionality and importance of it. It is important to study the item and its part since many times an item may resemble a potential infringer however it is built around the design. After this, a profound investigation of the considerable number of items in the market is performed and the items are mapped to that specific patent.
What if we now tell you that the procedure of detecting an infringement has an additional benefit and can serve another benefit? Thinking and wondering how? Well allow us to show you and make you understand the idiom of “Kill two birds with one stone” in the field of intellectual property.
How will we help you in the process? Sagacious IP Follows: 3 Step Approach for Detecting Infringement in the Marketplace
We will help you by taking the burden of process onto our shoulder and facilitate the process in the most simplified manner. All you have to do is provide information about the invention.
The initial step is to make a scientific classification which is a progressive portrayal of different angles identified with an innovation area. The scientific categorization is developed on the basis of device type, size and usage type and activation methods for a faster understanding. The categorization will cover perspectives like internal architecture, energy consumption, process inputs, automatic / manual battery, any hardware / software computer based invention and so on.
The second step of the process is a patent featuring mapping. This step include locating the entire possible patents relevant and related to the technical field and determining the features of the patent that map onto your invention.
The final step of the approach is to perform a patent-product mapping. This step includes discovering the items present in the market, studying their manuals and learning their working. It is the most difficult step due to the lack of disclosure or accessibility of the information in the public domain. In such cases, Sagacious will develop the most simplified and effective solution for reverse engineering.
On the off chance that, the analysis report shows an infringement of a patent. It is the perfect opportunity to file a lawsuit, authorizing royalty and earn for all the amount of cost that were spent on patenting. Here is the part of additional benefit; the third step of the approach – patent-product mapping is extremely useful in evaluating the worth of a patent. Since many patents are assessed on the premise of the items created utilizing them; consequently, more the items perusing on it can be identified, thus higher the estimation of a patent.
Sagacious IP has emerged as patent consulting firm for providing services of infringement detection and reverse engineering with the motive to fulfill the need of those patent holders who are unable to find some concrete information for the infringement. We can understand the concern of added expenses associated with reverse engineering and customize the plan according to you and worth each penny spent by you to million from the infringer and can easily weighed out from the thought of loss of profit due to the infringed product.
Related Article: What is Patent Infringement Litigation?