Understand the differences between utility & design
Patent infringement happens when any product or technology reads on the entire claim limitations of the patent. When any product or technology is sold, manufactured or is in use without the consent or knowledge of the patent owner, he/she has the right to file a lawsuit against the concerned person or the company. It provides the patent owner with exclusive rights to their invention so that they can provide a license for the production and selling of the patented products.
TT Consultants is pioneered in the field of patent infringement searches. We have extremely qualified engineers to provide patent infringement services which involve conducting detailed searches for identifying any relevant products that may infringe on the patent. Once the relevant products are identified, the team further looks at various catalogs, manuals, data sheets, and white papers to ascertain the infringement. We also do hands-on product testing in order to ascertain infringement. Further, based on the technology and claims of the patent, another approach is also considered to check if any of the standards incorporate the features of the patent.
Our technical expertise is in Electronics and Communications, Electrical, Computer Science, Information Technology, Mechanical, Chemical, Biotechnology, Pharmaceuticals, and Life Sciences domains. Further, TT Consultants has various advanced proprietary internal modules such as video caption search module, standard search module, and website crowdsourcing module which helps TTC in providing the best patent infringement services to its customers.
Dispersed and paid non-patent search platforms (IEEE, ResearchGate, ACM, and so on)
Difficulty in proving the presence of infringing product in the concerned jurisdiction.
Sometimes it is challenging to find the release date of the product.
Difficult to prove infringement without the combined knowledge of IP laws and technology.
Tools such as video caption search module, standard search module, and website crowdsourcing module are required to prove the complete infringement. Since some of the features of the products may be disclosed in videos or standards.
Experienced software team and advanced software tools are required to analyze the complex source codes of product/software in software patent infringement search.
Labs for product tear-downing are required sometimes to disclose the key claim elements of the patent in the products which are not publicly disclosed in the product literature.
We assist our clients to file child patent applications (CIP or continuation application) of the parent patent applications by keeping in mind their competitor’s products to make a robust patent portfolio. The search for the same is conducted after allowance and before the issuing/grant date of the parent patent applications, so that, the applicant can take timely decision to file the child applications of the parent patent in accordance with the identified products’ features.
We identify the patents that have chances of overlapping on a particular product or company. The end output from our side is evidence of use (EoU) charts for the identified patents so that the client can take the final call on those patents. This is also known as patent portfolio analysis. These analyses are helpful for merger and acquisition decisions, portfolio pruning & strengthening, and to evaluate both the R&D landscape and business opportunities. We, at TT Consultants, have expertise in this kind of patent infringement service. We have in house proprietary tool “Patdigger” to find the top patents in the given patents pool and from where we can start our in-depth manual analysis.
The main aim of the invalidity search is to unearth conventional wisdom that was likely overlooked by the examiner, which may potentially question the novelty or non-obviousness or inventiveness of the patent.
Understanding of the patent and file-wrapper and identifying novelty statement
Relevant keywords and concepts extraction
Use of XLSCOUT EoU tool and internal datasets for first pass analysis.
Use of first pass data and manual search to identify broad leads and companies related to subject patent technology. The broadly related leads may comprise webpages, PDF documents or videos of the products or relevant technology standards
In depth manual analysis of the broadly related webpages, PDFs and videos of the identified products or standards to prepare EoU charts
Recommendation is made in EoU claim charts for reverse engineering wherever required including source code analysis of the products/technologies to make high value claim charts
Blogs on Infringement Search
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Understand the differences between utility & design
When a person or company makes use
Reverse engineering is the ultimate treasure hunt
It is an estimation of damages in patent infringement cases. It is a calculation of the amount the patent holder would have received from the infringer in a hypothetical license negotiation at the time the infringement began.
Cease and desist letters may be used as part of a patent holder’s enforcement strategy. It is a notice to the infringer from the patent holder to stop an alleged infringement activity. This letter can serve several benefits to the patent holder. If the recipient complies with the letter, time and cost of litigation is saved. Even if the recipient does not comply, the letter may lead to a licensing agreement with the other party. This letter may even be useful in any future court proceedings for proving willful infringement and claiming enhanced damages if the alleged infringer ignores the letter.
In willful infringement, the court can award up to three times of the actual damages incurred.
There are two types of indirect infringement:
(i) Contributory infringement and
(ii) Induced infringement.
It refers to the process of assigning the ownership of a patent to a third party so that they can make, use, and sell your invention in an exchange of pre-decided royalty.
Product disclosures, broachers, videos, manuals, datasheets, whitepapers, press releases etc. and not research papers, thesis, and patents.
Patent Portfolio Commercialization
Patent Infringement Search
Patent Portfolio Optimization
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