The claims are the most important part of a patent, their prominence in patent 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 define the patented invention; further infringement of "any one claim" is considered infringement of the patent.
Without exception, the claims are vital 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 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 cost thousands of dollars in wasted effort and legal costs. A single claim element can severely limit the value of a patent.
The online Claim Analyzer is easy to use; it 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 useful for specialists since it provides verification to ensure that each claim element has been correctly identified. We've outlined the particulars to help you use and leverage the tool.
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 brokering 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 claim charts; it automatically creates a claim chart template for the requested patent number in an MS Word format:
Pelent provides a simple yet powerful patent analysis tool, unique in the industry. Try it!