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Evidence of Use Search
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An Advanced Business Tool to Future-Proof Your IP and Related Interests

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Sound advice early on in the patent process saves you time and capital.

Evidence of Use (EoU) is a type of analysis designed to protect the IP and related interests of patent holders and investors. Its primary goals are to identify products, processes, or services in the marketplace that potentially infringe on the patent in question and to evaluate the strength of the patent assertion campaign.

A thorough understanding of patent infringement is foundational to an EoU analysis. Generally, patent infringement refers to the act of making or using a patented product, process, or service without permission from the patent owner. Whether non-commercial use constitutes an infringement depends on the specific country or region where the patent was issued. Patent rights are territorial and the exact definition of infringement may vary by jurisdiction.

Besides identifying likely and potential infringers, EoU can also give an indication of a patent’s future potential, provide information necessary for the creation of a sales or licensing agreement, and help patent owners build a viable and sustainable R&D plan.

Our Process

EoU begins with a detailed analysis of the subject patent and its file history, scope, and specifications, followed by the identification of products, processes, and services that exist within the same jurisdiction and are similar to the patent. Methods that may be used in this stage of the EoU process may include product disassembly, source code analysis, and reverse engineering.

These steps are preparatory to the creation of a claim chart, which maps elements in the potentially infringing products, processes, and services to the independent and dependent claims of the subject patent.

Note that EoU can be established even without full-on claim chart mapping; however, claim charts are the most complete, credible, and compelling way to convey that infringement exists in the products, processes, and services at issue.

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Where evidence of infringement exists, the Legal Advantage LLC team can find it and document it for you. Our search experts have researched and documented credible EoU for thousands of patents in over a decade.

For patent infringement analysis in New York, Chicago, San Francisco, and other major US and Canada cities, call our office at (301) 637-6180 or get in touch with us through our contact form.

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Why Choose Us?
Highly qualified and well informed team consisting of PhDs, Masters, Engineers, former patent examiners, and patent agents with over 500 years of collective work experience.
Top IP support services company serving a majority of the Am Law 500 firms and Fortune 500 companies.
Easy-to-follow project reports with designs based on our experience and our clients’ common preferences. Our reports show the exact portions of the prior art that is relevant—no junk data, thus enabling you to make decisions quickly and with a high level of accuracy. Each report lists the concepts, keywords, and classification codes searched.
Multi-tier quality check at each stage—from the kickoff meeting through the project’s progress to the final wrap-up—ensures unparalleled accuracy in strategy, relevancy, and reporting.
In many occasions, our analysts not only search prior arts that represent the requirement, but also those that resemble it. We perform a fine assessment of the technology in question as well as of other prior arts that may have similar functionality.
Your searches and analyses are conducted by our most qualified analysts in the given sub-technology—we don’t just assign searches to the earliest available analyst in the broad-technology domain.
Access to the world’s leading 250+ patent and non-patent literature databases.
Our search experts are well acquainted with combination strategies that produce relevant results—apt selection and combination of patent classes, subclasses, and keywords.
We tailor the report to the way you like to see it. Our clients’ preferences often vary from a full report to just the list of identified references on a single page.
Fast turnaround. Our team is trained to delve deep with speed—no haste.
We search the art by amalgamating science, law, and logic. Our analysts and managers are diligent and methodical when determining which concepts are vital and which are trivial in the search request.
Our search and analysis experts engage with you in critical instances that call for your particular attention and expertise. Should our internal discussions on a certain concept not bring about a unanimous conclusion, we consult you at the soonest possible time.

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