We improve the value of patents by providing a business and technical perspective. After analyzing thousands of patents, producing hundreds of claim charts as well as selling and licensing patents we have a pretty good idea what drives value. Whether supporting assertions, selling patents, strengthening your portfolio, we keep your goals in mind.
Evidence of Use
Patent claims provide owners the “right to exclude others,” i.e. they put the world on notice with respect to the subject area and boundaries of an invention. Strong Evidence of Use (EOU) is a critical component in the successful monetization of a patent portfolio, as buyers and licensees frequently base their decision based on compelling EOU in the form of a claim chart. In the patent world, claim charts are used to illustrate how a real-world product or service is infringing on a given patent claim or claims. A vital tool, claim charts demonstrate “use” of the patent claims in relation to a product or method in a clear and concise manner. Infringement must be proven either by showing that the product or method infringes each and every element or each and every step of the asserted claims, providing concrete factual evidence that a patented invention is being used.
It may take several years from the time an invention is filed until a patent is granted. During that period a competitor product may have entered within the patented space. Strengthening entails monitoring products and drafting new claims mapped onto products as they come to market.
Many, if not most, patent prosecutors are taught to draft broad claims. Recent court rulings have proven otherwise. Valuable claims are often those that are carefully targeted and often include at least some relatively narrow claim elements by intent. Such narrowing elements should be a point of patentability distinction. Furthermore, a targeted, narrower claim will be more difficult to invalidate.
Claim language should be explicitly supported within the patent specification, or at least construed as commonly understood by persons of ordinary skill in the art.
Lastly, and most important is the detectability of claims. Simply stated if one cannot demonstrate that someone is practicing all elements of an issued claim, there is no case to assert the patent.