---
title: "Build a freedom-to-operate comparison from the claims and the product"
url: "https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/build-a-freedom-to-operate-claim-chart/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A23-T1-R6-US"
practice_area: "Intellectual Property — Patents, Trade Marks, Copyright, Designs"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Build a freedom-to-operate comparison from the claims and the product

> 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.…

Canonical page: https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/build-a-freedom-to-operate-claim-chart/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Intellectual Property — Patents, Trade Marks, Copyright, Designs](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Build a freedom-to-operate claim chart](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/build-a-freedom-to-operate-claim-chart.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Section 271(a) is direct infringement during the term. Other subsections of § 271 cover other theories. Open the subsection you rely on.
- The element split is yours. The tool does not construe a claim.

## Sources

- [35 U.S.C. § 271 (infringement of a patent)](https://www.law.cornell.edu/uscode/text/35/271) (checked 2026-10-22)
- [35 U.S.C. § 102 (conditions for patentability; novelty)](https://www.law.cornell.edu/uscode/text/35/102) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*