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Infringement Search (Evidence of Use)

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Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or selling the patented invention. In many countries, a use is required to be commercial (or to have a commercial purpose) to constitute patent infringement.[citation needed].

An important part in this search is the date, sometimes a product infringes a subject patent but limited to date. In that case the product needs to be thoroughly analysed in different databases.

Date limitation: >= Earliest Priority Date

Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or selling the patented invention. In many countries, a use is required to be commercial (or to have a commercial purpose) to constitute patent infringement.[citation needed].

An important part in this search is the date, sometimes a product infringes a subject patent but limited to date. In that case the product needs to be thoroughly analysed in different databases.

Date limitation: >= Earliest Priority Date

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Elements of patent infringement 

Typically, a party (i.e other than the patentee or licensee of the patentee) that manufactures, imports, uses, sells, or offers for sale patented technology without permission/license from the patentee, during the term of the patent and within the country that issued the patent, is considered to infringe the patent. In response to allegations of infringement, an accused infringing party will generally assert one or more of the following:

It was not practicing the patented invention;

  • It was not performing any infringing act in the territory covered by the patent; the patent has expired;
  • The patent (or the particular claim(s) alleged to be infringed) is invalid, because the invention in question does not meet patentability or includes a formal defect, rendering the patent invalid or unenforceable;
  • It has obtained a license under the patent;
  • The patent holder is infringing patent rights belonging to the accused infringing party, and the party may resolve the dispute in settlement or cross-licensing.

Apart from the standard methodology that we follow in infringement searches, we provide a Color Coded Claim chart wherever possible with Claim enablement.

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