Patent Licensee / Infringer Identification
MentesoIP’s Patent Licensee/Infringer Identification/Infringement Search (also known as HML analysis) services help in identifying products and/or technologies owned by potential licensee/infringer that are either already infringing on client’s patent or might win a competitive advantage by appending the features of client’s invention.
We at MentesoIP generate a list of products and rate them High, Medium or Low (HML) considering the extent of infringement on to the client’s patent elements. The High rated products are entirely infringing on to a patent claim, Medium ranked infringe with a leap of faith and Low seems relevant & might have future mapping chances.
Our team has the deep understanding of infringer searching. We understand the importance of “Means for” clauses and other legal nuances in the Evidence of Use (EoU) charts. Our infringement search reports lay the perfect foundation for court ready EoU charts generation.
Notable features of MentesoIP’s Licensee Identification methodology include:
- Develop the understanding of the patent.
- Select broadest independent claim.
- Analyse patent specifications and the file history.
- Identify the ‘must have’ claim elements any product need to have to be infringing on the patent.
- Identify the type of products and businesses that might utilize the invention claimed in the patent.
- Analyze the products/organizations w.r.t. the ‘must have features’ to recognize the infringers.
- Rate the products as High Medium Low as per the analysis of must-have features.
- Sort the final list based on the overlap of claim, size of the company and the market cap of infringing products.
What is Patent Infringement?
A patent is considered infringed when someone uses, makes, sells, offers to sell or imports a product utilizing the valid patented technology without the consent of the authority of the patented invention.
What are the types of Patent Infringement?
Types of Patent Infringements include Direct Patent Infringement and Indirect Patent Infringement. The Indirect Patent Infringement is further divided into categories viz. a. Infringement by Induction, and b. Contributory Infringement.
What is Direct Patent Infringement?
The Direct Patent Infringement is the most common form of infringement. In this type of infringement, the claims of the patent actually represent the invention that is infringing, or if the said invention works significantly in the identical or comparable manner.
What is Indirect Patent Infringement?
Indirect Patent Infringement is divided into two types:
a. Infringement by inducement
b. Contributory Infringement
Infringement by inducement is any action by a third party that causes another party to infringe directly on a patent. The action can cover selling parts that can only be used for a patented invention, selling a product with instructions on using in a particular method that infringes on a method patent, or licensing an invention that is covered by another’s patent. The infringer must knowingly aid the infringement, but the intention to infringe on the patent is not required.
Contributory infringement is the selling of material components that have been made for use in a patented invention and have no other commercial purpose. There is a significant overlap with inducement, but contributory infringement requires a higher level of guilt. To be the contributory infringer, the seller must intend for the direct infringement to occur. For there to be the liability for indirect infringement, there must also be direct infringement emerging from the indirect act.