101 & 102 Prior Art

Euclid IP has extensively worked on a number of USA patent litigation assignments where our technical analysts worked with patent attorneys and reported 101 & 102 prior art results.
Patent litigation is known to be a complex process and necessitates appropriate evidence to challenge the patent. Especially for US patent litigation, uncovering prior art as specified in 35USC 101 and 35USC 102 is essential.

Our X-Factor

  • Analyzing claims of the subject patent to understand how an inventive step is protected.
  • Through analysis of file-history to frame search strategies based on the inventive step and the technical aspects discussed during examination.
  • In depth analysis of examiner and applicant cited references.

Our Approach

  • Thorough technical understanding of subject patent claims and detailed description.
  • Detailed review of subject patent bibliographic details and image file wrapper details.
  • Detailed review of subject patent family members and prosecution details of the family members.
  • Detailed review of forward and backward citations of subject patent and family members.
  • Framing search strategies to uncover the prior-art based on keywords, assignee, inventors, citations (forward and backward), patent classification codes (US,CPC, IPC, ECLA and F terms).
  • Handling IP/Non-IP queries utilizing the specialized databases.
  • Detailed analysis of search results describing the similarities and deviations.

Deliverables

  • An Excel file depicting the claim chart with different sections of potential publications disclosing the claim(s) subject to 35 USC 101 & 102.
  • Reporting format includes a quick analysis table and claim chart that would help to quickly understand output of the search report with respect to 35 USC 101 & 102.
  • Report including patent and non- patent literature results.
  • PDF copies of both patent and non-patent literature listed in the search report.