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(This would be a chart prepared by the defendant or party accused of infringing the patent.) An infringement chart that allegedly shows how the product or process accused of infringement contains each claim element, thereby satisfying the all elements test for infringement. (This would be a chart prepared by the plaintiff or patent owner.) [2]
Examination is the process by which a patent office determines whether a patent application meets the requirements for granting a patent. The process involves considering whether the invention is novel [11] and inventive, [12] whether the invention is in an excluded area [13] and whether the application complies with the various formalities of ...
A process flow chart from a utility patent application can be used alongside a flow chart of the opposing party with an insert between the two to indicate differences or similarities in process.* Callout information on a patent drawing can clarify key elements of the invention and emphasize important features.
Claims were recommended in published patents in the Third Patent Act (1836) and finally became mandatory in the Fourth Patent Act (1870). [6] However, even among patent legal systems in which the claims are used as the reference to decide the scope of protection conferred by a patent, the way the claims are used may vary substantially.
This is a list of special types of claims that may be found in a patent or patent application.For explanations about independent and dependent claims and about the different categories of claims, i.e. product or apparatus claims (claims referring to a physical entity), and process, method or use claims (claims referring to an activity), see Claim (patent), section "Basic types and categories".
When patent litigation is involved (which in year 1999 happened in about 1,600 cases compared to 153,000 patents issued in the same year [98]), costs increase significantly: although 95% of patent litigation cases are settled out of court, [99] those that reach the courts have legal costs on the order of a million dollars per case, not ...
Patent infringement is an unauthorized act of - for example - making, using, offering for sale, selling, or importing for these purposes a patented product. Where the subject-matter of the patent is a process, infringement involves the act of using, offering for sale, selling or importing for these purposes at least the product obtained by the patented process. [1]
For the purpose of calculating damages in a patent infringement action, the infringing "article of manufacture" may be defined as either an end product sold to a consumer or as a component of that product. 35 U.S.C. §289: The relevant text of the Patent Act encompasses both an end product sold to a consumer as well as a component of that product.
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