Evidence of use or Claims Charts are used to visually represent how a real-world product or a service is allegedly infringing a patent claim. To prove that the Patent is being infringed we must show that the product or service infringes all the claims and claim charting is the best method to represent. Because claim charts navigate the features of the product or service using claim terms, the explained potential infringement is often referred to as a “mapping.”
WHAT IS A CLAIM CHART?
A claim chart is a way of representing evidence which shows how each claim limitation has been implemented by an infringing product or service. Representation may vary, but the basic of a claim chart lists all relevant claim limitations in one column. In the other column evidence are provided against each of the claim limitations. These evidences could be a patent application, Granted patent or an NPL. The evidences can in the form of texts, images, screenshots, videos and links from product marketing material, developer documentation, FAQs, videos, network tests and/or photographs of the product or teardowns of the product.
There are two types of patent interface mapping: patent to standards mapping and patent to product mapping. Using the Patent to Standards method, researchers investigate whether a patent covers any existing or proposed technical standards. A technical specification is created for every patent claim element following that. In EOU or Patent to Product method, researchers determine products, systems, or services present in the market that have similar product features with the patent claim elements. Thereafter, they map each patent claim element to the corresponding feature of the product/service.
Claim charts are used in a number of patent evaluation cases. The claims evaluation cases include patent infringement analysis, invalidity analysis, patent licensing, and claim construction arguments. Claim charts are useful for providing confirmation or dis-confirmation that the limitations of the claim are all present in a product, service, or standard. An invalidity chart helps litigators determine whether a claim is novel if compared to the prior art.
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