Infringement Analysis

The purpose of an infringement analysis is to assess whether a company’s product or service infringes a given patent right.

The infringement analysis is based on an already identified patent, and therefore an infringement analysis does not include a search for patent rights. Searching for potentially conflicting patent rights is a purpose of a Freedom-to-Operate analysis (FTO analysis), and often an infringement analysis is used to assess questions of infringement related to one or more patent rights identified in the FTO analysis.

The infringement analysis is a detailed analysis based on the claims of the identified patent. The patent claims are interpreted in order to assess the scope of protection of the patent, and then a qualified bid is made as to whether a court will deem the company’s product or service to fall within the scope of protection of the conflicting patent.

Infringement of a patent does not necessarily have to be direct, as it is possible to be convicted of indirect infringement, and therefore the assessment of infringement is not necessarily as black-on-white an assessment as one might think.

Patentgruppen has extensive experience in determining the scope of protection of patents and can therefore help your company in navigating with respect to others patent rights.