An Advanced Business Tool to Future-Proof Your IP and Related Interests
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.
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.
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.