Claims Charts & Evidence of Use

Evidence of use is critical to patent sale transactions. Claims charts mapping patent claims to shipping products are essential to driving patent monetization campaigns, and are usually required for patent sale and patent licensing efforts to be successful. Here at Tynax, we specialize in researching and documenting credible evidence of use. Where strong evidence of infringement exists, we find it and document it.

We not only research and gather evidence of use, but we maintain a large and growing database mapping patents and products. If you're looking for patents reading on specific companies or products, let us know and we will be able to search our database for quality candidates.

There are various levels of EOU prepared by Tynax:

Level 1 Evidence of Use ~ Likelihood of the Invention being Practiced

In this level 1 EOU analysis, we estimate the likelihood that the patented invention is practiced in the marketplace and provide a grading of "Low", "Medium" or "High". The likelihood that a patent could be practiced in the marketplace, or by specific target companies, is estimated based on analysis of the claims, the citations, patents that have previously been litigated in this space and activity in the field of technology.

This level of analysis can be performed on large portfolios of patents relatively quickly, and is used to identify which patents are most likely to justify further levels of EOU analysis.

Level 2 Evidence of Use ~ Detectability Assessment

Following a Level 1 evidence of use analysis, the Level 2 involves investigating how use of the patented invention in target products might be detected. The patent is graded on EOU detectability. In some cases, the invention is highly observable, such as when it provides a key feature used by the customer, or is described in the product documentation. In other cases, the invention may be hidden and detection may require breaking down a product, reverse engineering or the purchase of a third party break-down report.

Level 3 Evidence of Use ~ Summary Claims Charts

Products that are suspected of practicing the patented inventions are mapped to specific patent claims by a Tynax analyst. Claims are identified and correlated with specific products (or services).

In this summary evidence of use, the claim is not broken down into elements and each element of the claim is not mapped to a feature of the product. This element-by-element EOU is undertaken in the next level, Level 4.

Level 4 Evidence of Use ~ Claims Charts

Each element of a claim is mapped to a product (or service) and claims charts prepared in this Level 4 analysis. It is often necessary to engage technical specialists to assist in the preparation of claims charts.

Tynax specializes in preparing charts that show credible evidence that the invention is being used in the product, and works to ensure that the charts are as complete and compelling as possible.

PATENT CLAIM	PRODUCT
Element of the claim	Evidence this element is found in the product.
Element of the claim	Evidence this element is found in the product.

Evidence of use is gathered by researching product specifications and online resources. However, in some situations, Tynax has broken down electronics devices to identify the component parts and map those technologies to elements of patent claims.

Level 4 Evidence of Use ~ Rule 11 Charts

Depending on the product and the number of suspected infringers, more claims charts are prepared in Level 4 and/or charts consistent with FRCP Rule 11 requirements are constructed.