How to Assess a Potential Infringement of a Utility Patent
If your company received a threatening “cease and desist” letter from a competitor claiming to own a patent that prevents you from selling your product (or demands a patent licensing fee to continue your sales), then now is the time to proactively assess the situation to determine if there is a viable infringement claim.
Below is a summary of some notable considerations that generally go into a proper patent infringement analysis. For example, the specific claims are key in a patent infringement analysis. The claims are generally located at the end of a patent, which comes after the patent’s front page, drawings, and written description. Following the drawings comes a specification containing a written description of the invention. The written description is required to set forth “the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same.
Meaning and Scope of the Patent Claims
One of the primary components of an infringement analysis is assessing the meaning and scope of the claims (i.e., the meaning and scope of what’s recited in the consecutively numbered claim at the end of the specification).
It’s well established that a patent’s claims define the invention to which the patent holder is entitled the right to prevent others from practicing. In claim construction, the words of the claims are generally given their ordinary and customary meaning as they would be understood by “a person of ordinary skill in the art” at the time of the invention.
Compare the Construed Claims to The Accused Product or Method
Another important component of a proper patent infringement analysis is comparing each patent claim – as construed – to the accused product or method. The proper infringement analysis asks whether the accused product or method contains every claimed element of the patented invention—or the equivalent of every claimed element. This is commonly referred to as the “all-elements rule.” Though, it is important to note that only one claim needs to be infringed for liability to attach. For example, if a patent contains 20 claims, infringement can occur if the “all-elements rule” is satisfied for just a single claim.
In-Depth Knowledge of Patent Law is Important
As you can see, conducting a detailed utility patent infringement analysis involves more than simply asking: “is my product the same as what’s shown in this patent?” Properly assessing utility patent infringement risks requires careful and informed study. This is where retaining the services of an experienced and knowledgeable patent attorney can pay dividends.
Have Questions? Speak to an Experienced Patent Attorney in Los Angeles
If you have questions about properly analyzing a potential patent infringement, then take action by contacting the experienced and reputable Los Angeles patent attorneys at Omni Legal Group. We are an established patent law firm in Los Angeles and understand the complexities of IP and patent law. Whether it’s a provisional patent, non-provisional patent, design patent, utility patent, or plant patent application, Omni legal Group is ready and able to help.
Schedule a consultation today, call 855.433.2226 or visit www.OmniLegalGroup.com to learn more.
Read More
