A Claim Chart is one of the most essential weapons that comes handy during patent infringement analysis, patent litigation or patent validity analysis. It serves the purpose of presenting complex technical information, in a tabular format to provide an objective understanding of an extent of patent infringement. Such a representation obviates the specific mapping between each claim limitation/feature and the particular evidence (e.g., product or service literature) provided.

We, at IIPRD, provide the requisite combination of research analysts and patent lawyers for comprehending claims and preparing claim charts in multiple technology domains.

It is believed that the sole purpose of a claim chart is to objectively establish an instance of infringement. However, a claim chart can also be used to determine/predict the success of an infringement case. Some of the other areas that necessitate the preparation of a claim chart are as follows:

• Conducting competitive analysis: A claim chart may prove to be useful in assessing and evaluating competitor’s patents to gain insights into competitor’s patent and innovation strategy and understanding any potential infringement.
• Managing intellectual property risks: A claim chart can also help in comparing patent portfolios and product portfolios of any 2 companies in order to uncover potential risks, opportunities, and possibilities for strategic IP management.
• Educating stakeholders: Claim charts can also be used to educate clients, stakeholders, and board members on the extent and relevance of patents which would result in a better understanding of how exactly intellectual property affects the firm’s valuation.
• Facilitating Patent Valuation: Claim charts can help in order to determine the implicit value of a patent by representing its scope and applicability to current technologies. This can prove to be useful for mergers, acquisitions, as well as investment decisions.

In order to fulfil its intended goals, a claim chart must be constructed with precision.

To create an effective claim diagram, follow these important steps:

1. Deeply and thoroughly understand the patented Determine the extent and scope of claims based on the prosecution history and thorough patent description. Pay attention to the independent claim that has the broadest scope of protection.
2. Determine the extent and potential uses of the patented technology in terms of products and services. To understand the relevant industrial segments, examine the cited patents and use the IPC/ CPC codes.
3. Identify noteworthy companies in the same jurisdiction that may be selling possible infringing items by conducting thorough research. Consider the factors like company’s presence in favorable jurisdictions and if its products were released or introduced after the patent’s filing date. Collect evidence from a range of sources, such as:

• Direct references which include data sheets and marketing materials of the targeted company and official product documentation.
• Indirect references which include back-end logic in cases when front-end characteristics suggest the application of proprietary technologies.
• Standard Assignment – Assign the claims of standard-essential patents (SEPs) to the relevant technical standards.
• Source code review which is particularly useful for inventions that are computer-implemented.
• Teardown Reports which can benefit device claims or mechanical inventions.
• Reverse engineering which is essential for patents pertaining to semiconductors.

4. Map each element of the patent claim to the corresponding characteristics and description found in the allegedly infringing product to create a claim table/chart.
5. If no infringement or violation can be proven, consider using the doctrine of equivalents.

Throughout the process, maintain objectivity and make sure that the dates and authenticity of all the sources you cite are accurate. In addition to pointing out possible patent infringements, a well-prepared claim chart is an important tool for license negotiations or patent disputes.

At IIPRD, we provide customized claims mapping solutions that maximize the strategic value of our clients’ intellectual property portfolios. Our approach is tailored to each client’s specific needs, whether it be patent infringement investigations, license negotiations or litigation support. Our team has extensive technical knowledge in various fields, including chemistry, biotechnology, pharmaceuticals, electronics, electrical engineering, software and mechanical engineering. We conduct thorough patent analysis, extensive market research and in-depth product investigations using a variety of sources. Our process ensures objective and precise mapping of patent claims to product features, taking into account both literal infringement and the doctrine of equivalents. The result is a clear, concise and legally sound claim chart that provides a solid foundation for our clients’ patent-related decisions.

At IIPRD, we offer comprehensive market research and analytics services focusing on intellectual property and patent matters to business and consulting firms worldwide. We specialise in analysing complicated challenges, doing targeted research, and providing extensive market and revenue analysis reports. Our services support intellectual property activities such as, licencing, technology transfer, litigation, assisting clients in identifying competitors, emerging companies, and market areas. We specialise in precise claim charting, which is required for patent monetization, infringement analysis, and litigation support. Our client-focused strategy and strong project management framework enables us to deliver customised and timely reports that increase client’s market traction, and generate consistent income for a variety of organisational demands.