Claim Chart

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Claim Chart

A claim chart breaks a patent claim into its elements and sets each one against evidence that a product or standard does the same thing. It is the document that turns a patent into a licensing or litigation position.

Who it's for: licensing teams preparing an assertion, litigators building an infringement case, and brokers packaging a portfolio for sale.
Illustration only: every element is mapped, and the inventive step gets the strongest evidence.

Start with the inventive step

The most crucial part of a claim chart is mapping the inventive step of the independent claim to the product disclosures. Finding that inventive step is the first job, before any chart is built.

A chart that maps every element but doesn't show the product using the feature that made the claim patentable will not survive scrutiny. So we make the evidence for the inventive step the strongest part of the chart.

The claim's use case scenario also has to be sufficiently supported in the description for a chart to succeed.

How a chart is built

First

Find the inventive step

We identify it in the independent claim before any chart work begins.

Then

Break the claim into clauses

The claim is split into individual clauses, so each element can be tested on its own.

Finally

Map each element to evidence

Each element is set against reliable product disclosures.

The evidence we draw on

Charts rest on reliable product disclosures. We use public documents first, and go further when they aren't enough.

Documents

Public sources

Product documentation, datasheets, developer guides, and standards specifications.

Inspection

Analysis of the product

Teardown analysis, and source code review where available.

Testing

When documents fall short

Packet captures or product testing.

Who uses it

Licensing teams

Preparing an assertion and needing a clear position to put to the other side.

Litigators

Building an infringement case on element-by-element evidence.

Brokers

Packaging a portfolio for sale, with charts that show the value of the patents.

Charts get scrutinised. We build every one so the evidence holds up where it matters most.

What you receive

  • Element-by-element charts of independent and key dependent claims against product evidence
  • Sourced evidence: product documentation, standards, teardown results or test captures
  • Notes on the inventive step and where the evidence is strongest
  • Charts formatted for use in negotiations or filings

Frequently asked questions

What is an evidence of use claim chart?

A claim chart breaks a patent claim into its elements and sets each one against evidence that a product or standard does the same thing. It is the document that turns a patent into a licensing or litigation position.

What evidence do you use?

Public product documentation, datasheets, developer guides, standards specifications, teardown analysis, and source code review where available. When documents are not enough, we use packet captures or product testing.

Why does the inventive step matter for a chart?

A chart that maps every element but does not show the product using the feature that made the claim patentable will not survive scrutiny. We identify the inventive step first and make sure the evidence for it is the strongest part of the chart.

Where does a claim chart fit after finding infringing products?

When we identify infringing products, we score each one against the claims as high, medium or low likelihood. The high scores go on to full claim charts.

Turn your patent into a position

Share the patent, the products you have in mind, and how you plan to use the chart, and we'll scope the work.

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