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   Author  Topic: Claim analysis  (Read 381 times)
Claim analysis
« on: Jul 30th, 2007, 1:09pm »
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I am investigating claims due to a new contract.. since we will have negotiations concerning patents soon.
It seems easy.. when The main claim contains some smaller detail, as "cover with metal", and since our products does not contain metal I consider the patent not a problem.
Should I still continue analysing independent claims, although the Main claim contains metal... or other details of the patent?  
How do you do patent discussions? How do you present the patents?
IP Logged
Senior Member


Posts: 2584
Re: Claim analysis
« Reply #1 on: Jul 30th, 2007, 3:42pm »
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Well, you've got a 90% answer doing the analysis you've done.  However, there's this thing called the doctrine of equivalents.  If you're using a well-known metal-substitute in place of the metal, you might still be liable.  In reality, the doctrine is more complex than that, but hopefully you get the idea.
If you want to ratchet your certainty up to about 98%, look at the history of the application as it went through examination in the PTO.  If "cover with metal" was added in response to a rejection, you've got about 98% certainty.  
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James D. Ivey
Law Offices of James D. Ivey
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Posts: 119
Re: Claim analysis
« Reply #2 on: Jul 30th, 2007, 5:48pm »
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You may also want to investigate the status of the patent family you are analyzing.  For example, if the specification is broad enough to include your product and the patent family has pending application (e.g., continuation or divisional applications), then it may be possible for your competitor to draft claims to read on your product.
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