Patent Claim Charts
Patent Claim charts are extremely useful for determining patent validity or infringement. A claim chart is used to analyze and compare patent claims with prior arts, providing a simple and efficient method of evaluating and displaying data related to a patent claim. Reviewing a claim and breaking it down into several limiting components is the first step in creating a claim chart. Typically, two columns of charting are preferred: the left column contains the language of the patent claim under consideration, divided into subsequent limits (e.g., elements or stages, integers, portions); the right column contains prior art information pertaining to the claim element to the left.
Most common types of Claim Charts uses
The plaintiff or patent owner creates an Evidence-of-Use (EOU) or Infringement Chart to show how a product or technique is accused of infringement, includes each claim element to fulfill the “all elements test/rule” for infringement.
An Invalidity Chart, also known as a “Chart of References”, depicts the patent’s invalidity owing to anticipation or obviousness. A defendant or party accused of infringing on a patent prepares this document.
Plaintiffs and defendants both construct a Claim Construction or Claim Interpretation Chart, which shows patent specifications or technical literature citations with accurate claim language interpretations.
Initial or preliminary infringement contentions (PICs), domestic industry (DI) charts used in ITC importation actions, expert claim charts, claim charts presented during licensing, and design patent charts are all examples of claim charts.
Claim charts are also created for several purposes, such as the PTO’s reexamination during the prosecution stage or Patent Trial and Appeal Board (PTAB’s) validity assessment of a patent.
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