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.

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.

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.

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.