Is My Product Infringing On Others Patent?

This is the question all technology companies need to ask themselves at a very early stage of product development.To understand whether you product/process infringes on others patent rights; we first need to understand what patent infringement means.

Patent infringement
A patent is said to be infringed when a product/process violates the rights granted to a patentee. A patentee (also referred to as an assignee of a patent) is given the rights to exclude others from making, using, importing, selling or offering for sale the patented invention for up to 20 years. This scope of protection granted to a patentee gives him the right to take legal action against the infringing parties.

How do we determine if a product/process infringes upon a patent?
To determine infringement of a patent by a product/process, one has to go through a section of a patent document called the claims. The claims section of a patent document describes in detail, the scope of protection granted to a patent.

The claims section has to be analyzed in detail to find out if a product/process infringes upon the rights of a patentee. Depending on the nature of the claim, the claim would include a number of elements or process steps. Subsequently the scope of each of the elements/process steps has to be determined. Thereafter, your product/process has to be compared with the elements/process steps of the claim. The above comparison helps you determine whether the claimed elements/steps exist in your product/process.
A claim is said to be infringed if all the elements of the claim exists in your product. Similarly, a claim that includes process steps is said to be infringed, if all the process steps are present in the process that you intend to follow.

In other words, if all the elements in the claims of the patent map on to the features of your product, your product is infringing upon the patent rights of the patentee.
It should be noted that, if your product does not have at least one element of the claim, then your product does not infringe upon the patent rights of the patentee. This analysis of infringement is carried out by well established doctrines developed over many years. This analysis is generally referred to as infringement analysis study/product mapping/claim mapping.

Now to give you an idea of how this works let me explain with an example.

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InvnTree is a company formed with a vision to be one of the most preferred patent services provider based on quality and cost effectiveness. We offer a wide array of patent services that cater to the needs of global clientele.

Our team includes professionals having advanced degree in science and engineering, from prestigious institutes, who have rich experience in offering intellectual property consulting.

As a result of consistently delivering superior quality intellectual property services, demand for our intellectual property services has grown substantially. In order to cater to this rising demand for our intellectual property services, we maintain a healthy bandwidth of resources that enable us to carry out multiple intellectual property consulting assignments simultaneously.

We offer a fun and challenging work culture that helps us attract and retain high potential intellectual property consulting professionals. Our proprietary employee review and appraisal technique gets the best out of our employees, thereby enabling us to deliver solutions that most often exceed clients’ expectations.

We understand that no two clients are the same, and even for a single client, their needs may vary over time. Hence, we do not employ a rigid service pricing model. We have an array of flexible client engagement models that are beneficial to our clients.

Further, we understand that safeguarding information disclosed by our clients is of paramount importance. Hence, we have taken stringent legal, technological, process and physical measures to safeguard sensitive client information.

Invn-Tree Intellectual Property Services Pvt. Ltd.
93, 2nd floor, 21st Main, Banashankari 2nd stage,
Bangalore – 560070, Karnataka, India.
Phone :+91-80-42124165 (24 × 7)
E-mail :contact@invntree.com

This release was published on openPR.