It’s bound to happen.  One day you see a product remarkably similar to your own product.  Does your patent apply? What should you do? A call to your patent attorney is always appropriate.  However, you may wonder if your initial impression has merit.  How much will an investigation cost? 

Here are some steps to help you become an informed participant in assertion of your patent rights. 

1. Obtain a sample of the similar product through conventional channels.  Save your receipt and product packaging.   If you can’t obtain a physical sample, there are alternatives.  Conduct an Internet search.  Find product advertising, photos, schematics, technical descriptions or operating instructions and manuals for the product.   

2. Obtain a copy of your patent.  If you don’t have a copy, go to a free patent database on the Internet.  The United States Patent Trademark Office maintains such databases for U.S. patents. (www.uspto.gov)  The World Intellectual Property Organization (WIPO) maintains a patent database covering many countries. (www.wipo.org).   There are several other patent research tools on the Internet.

3. With the product and patent document in front of you, locate the “claims” section of your patent document.  The claims begin with the phrase “I claim:” or, “We claim:”, or a similar phrase.  Each claim is numbered and delineated as a separate paragraph on the document.       

4. For each claim, compare each feature described in the claim to the product sample.  Always start with the claim. Then look at the product.  Can you identify a matching feature in the product? For each claim feature you find, check the box on the claim chart (See page 20).    

5. Repeat the above procedure for each claim in your patent.  Then, take a look at your chart.  Many check marks on a single claim generally indicate your impressions merit further investigation.  If no claims have any check marks, your initial impressions may be off base.  

Remember, these steps are only a learning tool for a patent owner.  There is no substitute for legal advice from your patent attorney.  

Here is a sample claim chart tool typically used as an aid in carrying out the aforementioned steps. Claim Chart for US Patent XXXXXXX and Product YYYYYYY
 

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