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ARTICLE · 27 JUNE 2024

Demystifying Patent Infringement: Understanding And Utilizing Evidence Of Use Charts

Khurana & Khurana, Advocates and IP Attorneys
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It is in the context with infringement charts or as commonly known as the Evidence of Use (EoU) charts that they feature prominently in patent law – especially when used in litigation or licensing.

IndiaIntellectual Property

INTRODUCTION

It is in the context with infringement charts or as commonly known as the Evidence of Use (EoU) charts that they feature prominently in patent law – especially when used in litigation or licensing. These are specific documents that are meant to show how an item be it a product or a service is in direct violation of one or more claims of a patent. While each of these kinds of charts offers unique insights into the accused product or service, the EoU charts, in particular, assemble pertinent data about the accused product or service with respect to the patent claims and thus build a strong argument for the infringement. It is worth noting that an EoU chart is a rather relaxed type of chart with no strict rules regarding its layout, though there are several key elements that are mandatory for an EoU chart. Firstly, under the core aspect of the claim element mapping entails the process of matching of the patent claims or its limit on the particular aspects

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