What Is Infringement Analysis?An Infringement Analysis is very different from a Freedom-to-Operate (FTO) study. While Infringement Analysis provides legally binding information about whether or not a given product infringes a specific patent, an FTO study seeks to surface patents and patent applications for a given products, from a very large number of existing potentially relevant patents. In other words, almost every FTO study will require at some point in time one or more Infringement analysis. But not every Infringement analysis is started because there was an earlier FTO study done. Not every patent or patent application that is potentially relevant for a given product is a result of a systematic search. More often, such patents or patent applications emerge out of the blue, or by a warning letter of a competitor. These cases trigger so-called "defensive" Infringement Analysis. |
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Key Information
You may click the following sub-headings to learn more about Infringement Analysis.
A “defensive” Infringement Analysis is conducted by a company or individual who wants to assess whether their own products or services may potentially infringe on existing patents held by others. The purpose of this analysis is to identify potential patent infringement risks, and to take steps to avoid or mitigate those risks.
There is also the opposite case that a patent owner wants to know whether a competitor’s product infringes his patent, which is a claimant’s Infringement Analysis. A claimant’s infringement analysis is conducted by a patent owner who believes that another company or individual is infringing on their patent rights. The purpose of this analysis is to identify whether the alleged infringer is actually using the patented invention.
In summary, a defensive patent infringement analysis is conducted by someone who wants to avoid infringing on others’ patents, while a claimant’s patent infringement analysis is conducted by someone who believes that their patent rights have been infringed upon by others.
An Infringement Analysis always starts from a specific patent or patent application, and it involves two steps:
– examining the legal status of the patent or patent application in suit, and other members of that specific patent’s or patent application’s patent family,
– a detailed examination of the claims of the patent in question, as well as a review of the product or process that is alleged to infringe the patent.
Depending on the case, a further step of examining the geographic relevance of the members of the patent family to the product in suit is required.
A comprehensive Infringement Analysis also involves an evaluation of any prior art that may impact the scope of protection of the respective patents or patent applications.
If a claimant’s Infringement Analysis determines that a product or process does indeed infringe a patent, the patent owner may choose to take legal action against the alleged infringer, seeking damages or other remedies for the infringement.
Conversely, if the Infringement Analysis determines that no infringement has occurred, the alleged infringer can continue with their product or process without fear of legal action from the patent owner.
Costs:
The first step into your Infringement Analysis costs SGD 3,000. Flat. And we deliver our reliable result in less than ten (10) working days. Done by professionally trained and officially licensed patent attorneys.
