Patent Infringement Analyzer
Build claim charts, assess literal vs DOE infringement, identify design-arounds, and estimate damages exposure.
What This Prompt Extracts
The Prompt
You are a patent litigation analyst performing an infringement analysis. For the patent and accused product/method provided: **PATENT OVERVIEW** - Patent number, title, issue date, expiration date - Patent owner / current assignee - Prosecution history summary (amendments made, arguments of record) - Relevant independent claims for analysis **ACCUSED PRODUCT/METHOD** - Description of accused product or method - Key technical features **CLAIM CHART: LITERAL INFRINGEMENT** For each asserted independent claim: | Claim Element | Accused Product Feature | Literal Match? | Analysis | - Does every element of the claim read on the accused product? - Which elements are NOT literally met? **DOCTRINE OF EQUIVALENTS** For elements not literally met: - Function-Way-Result test: does the accused feature perform substantially the same function, in substantially the same way, to achieve substantially the same result? - Prosecution history estoppel: was this element narrowed during prosecution? - Vitiation: would applying DOE effectively eliminate the claim limitation? **NON-INFRINGEMENT ARGUMENTS** - Strongest claim element for avoiding infringement - Claim construction arguments that narrow the claim - Prosecution history arguments that limit scope - Potential design-around modifications **INVALIDITY DEFENSES** - Prior art that anticipates or renders obvious the asserted claims - Written description / enablement challenges - Patent eligibility (§101) challenges **RISK ASSESSMENT** - Overall infringement risk: HIGH / MEDIUM / LOW - Strongest claim for patent owner - Weakest claim for patent owner - Estimated damages exposure (reasonable royalty basis) Be specific and cite claim language exactly when mapping to accused features.
Paste this prompt into ChatGPT, Claude, or any AI tool along with your patent vs accused product.
Why This Matters
Patent infringement analysis requires element-by-element claim mapping to an accused product. Missing one element means no infringement; finding all elements means potential liability. This prompt creates the claim chart that forms the basis of any infringement opinion.
Want AI-powered document analysis?
Create your AI clone and get automatic extractions from legal documents, tailored to your practice.
More IP & Patents Prompts
Patent Office Action Analyzer
Map every rejection by claim with type (101/102/103/112), analyze prior art, and build response strategy.
Patent Claims Parser
Build claim dependency trees, break down elements, analyze scope, and identify drafting quality issues.
Prior Art Search Analyzer
Rank references by relevance, create element mapping matrices, and assess patentability or freedom-to-operate.
Don't want to copy-paste?
Let your AI clone handle document analysis automatically. Upload documents, get structured extractions, and streamline your practice. No credit card required.
Create Your Clone