Build a freedom-to-operate comparison from the claims and the product
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- For each claim element the lawyer has already split out, list the product feature the lawyer identifies, with the page in the product document and the page in the patent. Leave the row blank where the product document is silent. State no conclusion on infringement or on freedom to operate.
- What the lawyer must review
- 35 U.S.C. § 271(a) provides that, except as otherwise provided in that title, whoever without authority makes, uses, offers to sell, or sells any patented invention within the United States, or imports into the United States any patented invention during the term of the patent, infringes the patent. You decide claim scope and whether a feature meets an element. Section 102 states conditions for novelty. You read the subsection that fits the reference before you treat the reference as clearing a claim. The chart is a comparison for that decision.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes identifying points for review. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.