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A patent claim chart can be a graphical or tabular (for use as evidence of use) representation of claims. In essence, the claim chart presents all the data analyzed in a patent claim. Patent Claim Charts are a useful tool that helps in the analysis that are related to validation of patents and also determine if there is any infringement.
It is important to understand the interpretation of each element rather than just limiting to synonyms or keywords comprehensively. Examples of claim charts are 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.
Claim charts can also be 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.
The main purpose of Patent claim chart is to show the complete breakdown of each constituent into its elements or limitations. Based on the application of the claim chart, the evidence offered typically proves or analyses the usage of the claimed invention in products, services, or standards. Reviewing a claim and breaking it down into several limiting components is the first step in creating a claim chart.
In a number of patent evaluation instances, including those involving patent invalidity analysis or litigation, patent infringement analysis, patent licensing, and claim construction issues, a claim chart is prepared.
For the purpose of invalidity analysis in litigation, Claim charts assist in confirming or refuting the novelty of a claim in relation to the prior art. Whereas during infringement investigation and litigation, Claim charts aid in confirming or disputing whether each and every limitation of the claim is included in a good, service, or standard.
The plaintiff or patent owner creates an Evidence of Use (EOU) or Infringement Claim Chart to show how a product or technique is accused of infringement, including 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.