Source Code Review
Source code review is a technical examination of a product's source code to determine whether it infringes existing patents. Analysts trace how the software actually works, identify the technical aspects that align with patent claim elements, and compare the code against the claims.
function encode(frame) { const buf = allocate(frame) write(buf, frame.header) return compress(buf) } // claim 1(c): buffering step
Reading code for a case
We perform a detailed source code review to determine whether the source code infringes on existing patents. Our team specialises in source code review tailored to the unique needs of patent litigation cases.
We identify the technical aspects aligning with patent claim elements, supporting infringement analysis and IP valuation.
What a product says versus what the code does
A claim chart built from public documents can leave gaps on internal steps that are never described publicly. Source code review closes those gaps.
What the product is said to do
Manuals, standards, and marketing material describe behaviour from the outside, and can stop short of internal steps.
What the product actually does
The code itself, compared with the claim language, supports both infringement analysis and IP valuation.
The two are usually combined, with code evidence added once it becomes available.
What to bring once code is available
The source code
In the form produced for the case.
The claims
The patent claims you want mapped against it.
Build files and documentation
Show which version of the product matters and where to start reading.
Existing claim charts
If a review is already under way, the prior mapping and accused feature list narrow the search.
Where the findings go
The infringement position
Code passages tied to claim elements become exhibits and support expert reports, helping counsel decide which claims to assert and which to drop.
IP valuation
A claim proven to read on shipping code is worth more than one that reads only on a specification.
Who commissions it
Patent holders and law firms
Preparing or defending an infringement case, once source code has been made available.
Parties valuing a patent
Testing whether an asserted claim reads on shipping code rather than only on a specification.
Marketing material describes a feature. The code is the only place that shows how it was actually built.
What you receive
- A mapping of source code functions and files to individual patent claim elements
- A code comparison showing similarities and differences between the patent claims and the accused product
- A written report of the findings, tailored to the needs of the litigation
- A call to walk through the review with your technical and legal team
Frequently asked questions
What is source code review?
Source code review is a detailed examination of a product's source code to determine whether it infringes existing patents. Reviewers trace how the software actually works, then identify the technical aspects that align with the elements of a patent claim. The review is tailored to the needs of patent litigation cases, where source code often carries the clearest evidence of how a feature is implemented.
How does source code review differ from a claim chart based on public documents?
Public documents show what a product is said to do, while source code shows what it does. A claim chart built from manuals, standards, or marketing material can leave gaps on internal steps that are never described publicly. Source code review closes those gaps by comparing the code itself with the claim language, which supports both infringement analysis and IP valuation. The two are usually combined, with code evidence added once it becomes available.
What does the client need to supply?
The source code itself, in the form produced for the case, along with the patent claims you want mapped. Build files, documentation, and any existing claim charts help, because they show which version of the product matters and where to start reading. If a review is already under way, the prior mapping and the accused feature list narrow the search. Anything that identifies the product version tied to the accusation is useful.
How is the output used afterwards?
The findings feed the infringement position in a case. Code passages tied to claim elements become exhibits and support expert reports, and the same mapping helps counsel decide which claims to assert and which to drop. Outside litigation, the comparison supports IP valuation, since a claim proven to read on shipping code is worth more than one that reads only on a specification.
Get the code reviewed against your claims
Once source code is available for review, share it along with the claims you want mapped, and we'll scope the work.
