How to do Claim Mapping / EOU Charts? Evidence of Use (EoU) means identification of potentially infringing products present in the marketplace, to judge the strength of patent infringement assertion. A claim chart is a representation (graphical or tabular) that analyzes each patent claim, by breaking it up into its constituent elements, or limitations and then presenting the evidences of each prior art correspondingly, with the goal to map each claim limitation and the evidences of use, prior art, intent, a product, service, or standard, the invalidity of the patent claim, or the intended meaning of each claim limitation, phrase, or word, etc. Both of these approaches identify the potential value of a patent.
There are two types of mapping, namely ‘patent to Standards’ and ‘Evidence of Use’ or ‘patent to product’ claims mapping. In patent to Standards method, the researchers determine whether a patent covers any existing or proposed technical Standards, and then maps every individual patent claim element to its standard technical specification. In Evidence of Use or patent to product method, researchers determine products, systems, or services present in the market that have similar product features with the patent claim elements, and then maps every individual patent claim element to corresponding feature of the product or service.
The process of finding potentially infringing products is stated below:
- It starts with the search and analysis of the subject patent, by preparing claim chart with independent claim using technical standard specification.
- It is followed by the identification of systems, services, product catalogs, press releases, corporate websites, etc., with the help of similar invention which are claimed in the patent.
- Then the claim chart mapping is done by mapping systems, services, or products which are similar with product specifications, literature, figures, patents, and photos.
- At the end, citation analysis (examination of the frequency, patterns, and graphs in documents) search is performed with the help of claimed independent patent elements.
Basically, the idea behind using Evidence of Use and creating of patent claims chart, lies in patent quarrels, where both the patent owners and the suspected infringers can get the access to all the information about the opposition, to validate infringement or non-infringement for signing up the licensing agreement.
Some of the major advantages are:
- Market knowledge: It is possible to get the knowledge about the potential infringement of existing patents. This can help while selling the patent assets since proof of patent infringement can assist strengthens the terms of the sale.
- Target judgement: This even helps in judging the right target companies, in which there is comparatively more scope of improvement.
- Identify potential patent infringement: This helps in analyzing patent portfolio and make out the candidates that have a high potential for being infringed upon.
We can help companies prove the use of their products / technologies by concerned third parties. Our deeply structured process of Evidence of Use (EOU) Chart maps the product literature, product terms, patents, figures, and third party laboratory analysis services to further improve your claims charts. Viewing requirements of various clients we have come-up with different kinds of EOU Chart Mapping Services based on novelty mapping, clause level mapping and/or element level mapping.