Evidence of Use (EoU)
Evidence of Use (EoU)
Did you know? Every year, billions of dollars are lost due to patent infringement, as competitors exploit innovations without authorization. This underscores how vital it is to proactively analyze and address potential infringement.
Why Is Evidence of Use Analysis Important?
It enables enforcement of patent rights. By analyzing competitors’ products, patent holders can identify unauthorized uses of their inventions. With no “patent police” routinely monitoring the market, patent owners must be vigilant themselves. Identifying infringement early can prevent financial losses and erosion of market share due to copycats. It’s also the first step before pursuing legal remedies such as injunctions or damages.
Benefits of Evidence of Use (EoU) for Clients
Strong Evidence for Infringement, Licensing, & Monetization
- Helps patent holders map patent claims against products or prior art.
- Enhances licensing and monetization opportunities by identifying potential licensees and maximizing royalty earnings.
- Increases negotiation power with clear claim-to-product mapping.
Effective Risk Mitigation & IP Portfolio Management
- Enables early identification of potential infringement issues by mapping product features to patent claims.
- Strengthens IP enforcement strategies by clearly establishing the basis for infringement or validity challenges.
- Assists in evaluating patent strength and relevance within a company’s portfolio, enabling better decision-making.
Strengthens Competitive Position
- Assists in patent valuation and monetization, showcasing how claims align with commercial technologies or products.
- Helps demonstrate due diligence in IP transactions, such as licensing or M&A, showcasing a clear understanding of patent relevance.
- Supports invalidation of competitor patents by mapping claims to prior art in a structured format.
Our Approach
With optimized blend of mind + machine, Evalueserve Leverage AI for Evidence of Use analysis to identify needle in the haystack.
First Pass Analysis
A preliminary assessment of patent claims to extract key elements, identify potential product categories, and prioritize the most relevant claims, ensuring alignment with industry domains for more focused and detailed analysis in later stages.
Product Search
Leveraging AI tools combined with expert validation, relevant products are discovered by analysing public sources, databases, and technical documents to identify those that potentially align with the technical features of the chosen patent claims.
Draft Claim Chart
Each claim element is mapped to specific product features using gathered evidence. This preliminary chart includes annotations and references, laying the groundwork for detailed review and refinement before finalization.
Final Claim Chart
A meticulously reviewed and dependable document that maps patent claims to product features with clear, supporting evidence. Expertly validated, the final chart provides a solid basis for enforcement initiatives or informed strategic decision-making.