Claim Analyzer
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Why Patent Claims are Important

The claims are the most significant part of a patent. The prominence of patent claims in valuation cannot be overstated. Incredibly, this fundamental maxim is often overlooked resulting in flawed valuations. In patent law: "The name of the game is the claim."

A patent provides the patent owner the "right to exclude" others from making, using or selling the invention claimed in the patent for 20 years. US law dictates that whoever without authority makes, uses, offers to sell, or sells any patented invention, or imports any patented invention (during the term of the patent) is guilty of patent infringement. The value of the patent lies directly within the claims, i.e. they define the literal boundary of the patent owner's right to exclude. The claims of the patent define the patented invention; further infringement of "any one claim" is considered infringement of the patent.

Identifying Claim Elements

Without exception, the claims are the most vital part of a patent and their analysis is an unconditional requirement for determining value. In order for infringement to exist, every element or limitation of the claim must exist in the accused product or process — in other words, each and every claim element must be identified — a doctrine known as the "all-elements rule."

Pelent's Claim Analyzer ( a powerful patent valuation too) automatically identifies and extracts each claim element and allows users to identify important and valuable limitations of a patent. Identifying the claim elements is time consuming and often error prone even for experienced patent specialists. Mistakes can costs hundreds of thousands of dollars in wasted effort and legal costs. A single claim element can severely limit the value of a patent.

How to Use the Claim Analyzer

The online Claim Analyzer is exceptionally easy to use and automatically provides a patent lookup and patent check. The Claim Analyzer is designed for US patents and supports both granted patents and published patent applications. The Analyzer is also extremely useful for specialists since it provides verification to ensure each claim element has been correctly identified. Patent analysis tools vary in their features and capabilities so we've outlined the particulars to help you understand the power and efficiency of our comprehensive patent valuation tool.

  1. Enter a US patent number and click the "Submit" button.
  2. While the Analyzer processes all the patent claims, each tab represents an independent claim because these are the most important claims.
  3. The Analyzer is a proprietary algorithm based on Natural Language Processing (NLP).
  4. The patent database is updated daily from the United States Patent and Trademark Office (USPTO).
  5. The Claim Analyzer automatically identifies and colour codes each claim element.
  6. It allows users to easily identify the claim elements and removes the need for specialists, empowering a layperson to easily identify the important claim elements of a patent.
  7. Each independent claim is identified and analyzed.
  8. The number of claim elements is shown for each independent claim, and the number can be used to prioritize claims for valuation of further analysis.
  9. Click to select any claim element; the selected claim elements are highlighted as well as linked to instances in the patent specification (if they are present).
  10. Users can quickly locate further description of the claim element within the patent specification. In some cases the description of the claim element does not exist, which is important information and may weaken the value of the claim, possibly the entire patent.

Understanding Claim Charts

Infringement is commonly documented in the form of a claim chart. The claim chart illustrates the existence of every claim element in an accused infringing product or process. Effective patent licensing and transaction negotiations depend on compelling Evidence of Use (EoU) in the form of accurate and detailed claim charts, offering concrete evidence that a patented invention is being used in a product.

The Claim Analyzer helps in the creation of compelling claim charts, and it automatically creates a claim chart template for the requested patent number in an MS Word format:

  • A claim chart template can be generated for any of the independent claims
  • By using the template the user can then begin the process of mapping each claim element relative to a specific product, i.e. providing evidence that a patented invention is being used
  • In some cases, detailed product documentation is available, therefore producing claim charts can be inexpensive
  • In other cases evidence must be produced using sophisticated reverse engineering techniques and highly skilled subject matter experts (SMEs)
  • In either case, the claim chart template serves to quickly identify the extent of effort and cost required early in the planning process

Pelent provides you an opportunity to access one of the most powerful and free patent analysis tools in the industry.

If you have any questions or require more information about our Claim Analyzer or patent research tools, please call 1-613-884-0172 or contact us. We'd love to hear from you.

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We reinvented the way to analyze portfolios by developing an AI platform optimized for patents. Clients work smarter and faster, and achieve results that are data driven and accurate. Whether your goal requires portfolio valuation, discovering companies with valuable patents, or determining the likelihood that a portfolio can be successfully licensed or litigated — we provide unrivalled insights that are easy to use.