What Could Be Seen On Patent Claim Charts

There are different types of claim charts for patients. These are used by either the accused group of infringement or the plaintiffs. Why do they have to use this document? Is there significance of its existence in the case? These are the usual questions that come up to your mind when talking about patent claim charts. And all of which are directly related to the contents of the document. That is why it is important for both parties to have this claim chart to defend their rights (such as the patent owners) or stand of the alleged individual on infringement. On the litigation process, both parties have to give proofs of their claims and that requires them a document. In this article, claim charts will be given an overview regarding with its contents. Knowing this document will give you a clearer description of the item and how both parties could use it.

  • Diagram. This claim chart contains a diagram that shows the information about the claim. This usually comes in two columns. Claim charts could be provided by both patent owner and plaintiff. Each of them would have their version of how they are going to defend their stand on the patent in question. This diagram shows the detailed information of their claims.
  • Elements of the claim. On the left column is where the categories of patent description can be seen. And the element is one of it. The patent contains features that are unique for the asset. This is one of the proofs of the originality of the claim that can be raised the patent owner. On the case of the plaintiff, he/she is also required to include the element of IP he/she is using. Comparison of the two is a good basis for the court to see if there is an infringement on the rights of the patent.
  • Integers of the patent. Another item that can be found in the left column is the number associated with the makeup of the patient. This is important to have as it shows a solid ground for possible evidence as in the case of infringement. Since numbers are unique and are exclusive for patients, it is easier to point out if there is a violation of the rights of the patent owner.
  • Parts. This could be seen in the left column of the claim charts. This simply refers to the specific parts of the claim. If the patent is the machine, then this refers to the corresponding parts of the invention that make it genetic makeup. Machines that are invented show uniqueness and distinctive characteristics from the rest of the existing types of the like.
  • Details. On the left side of the diagram of a claim, the chart is where you can find the details of the elements, integers, and parts (as discussed earlier). These contain the specific of each area, and that makes the patient unique from the rest of the inventions. This is where the claim of the plaintiff is judged on the data of patent (provided by the owner).

When it comes with infringement cases, patent claim chart is one of the important tools that are used to prove the claim of patent owner and plaintiffs. It provides the necessary information about the IP, which includes its tiniest detail. It serves as a summary of the highlights of the patent and that what makes it unique from all other inventions. Hence, claim charts are very useful on the infringement litigation and providing a solution to the case.…


Important Facts About The Patent Litigation Process

Patent litigation involves either getting sued or receiving a demand letter. A patent litigation has been specifically compared to a David and Goliath struggle. The plaintiff that is involved within the patent litigation process can either be a local business or an individual. The defendant in the patent litigation process will most likely involve a large corporation that not only has unlimited resources, but also has money. A patent litigation occurs when an individual or a company who holds the rights to a specific patent, enforces their patent rights against someone else or a different corporation. This most likely occurs when someone who is selling something without permission from the person who owns the patent, gets into trouble.

This struggle often enough leads to one person suing the rights to the patent. In addition to this, the other person counter-sues due to the claim that the patent on a specific product is notably invalid.

The most common way to deal with a patent issue is to bring the case to court. The United States, specifically, follows the rule that the person who is first to invent, is the person who owns the patent over the product. However, most other countries follow the rule that the company or individual that is the first to file, is the one to receive the patent over the specific product.

In order for a patent to be declared invalid, there are several options. The first way that a patent can be declared invalid is if a product is not novel or even different from other products. A patent can only be legal if it has been documented and certified that it is a novel or original product. If the patent is not considered to be invalid, there are other options. One method is called an injunction which stops the person from infringing or stealing the product that is protected under the patent. If the product is stolen, then the one without the patent must pay for the damage done.

A patent litigation, overall, is when someone or a company has stolen an idea or a product that is not original. Those with the rights to the patent will enforce their rights other the other party using an invention or product without asking for permission. The patent litigation process is a long process that will discover who deserves to keep the patented product or the patented idea. Visit at http://www.techpats.com/ for more info.…