Build an infringement claim chart from the asserted right and the product
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- For each claim element or registered-mark element the lawyer marks up, quote the product feature said to match it and the page or specimen pin. Conclude nothing.
- What the lawyer must review
- You decide infringement. 35 U.S.C. § 271(a): whoever without authority makes, uses, offers to sell, or sells any patented invention within the United States, or imports it, during the term of the patent, infringes the patent. 15 U.S.C. § 1114 reaches use in commerce of a reproduction, counterfeit, copy or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution or advertising of goods or services where confusion, mistake or deception is likely. 37 CFR § 11.18 applies if you later file a paper at the USPTO. Opinion 512: you check every pin.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its 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.
- Obtain and inspect the relevant current official register or search result. Confirm identities, interests and the date and scope of the search.
- 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.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| DMCA notice of claimed infringement | Notice | AI use Red | Checklist and cover fields for a notice of claimed infringement under 17 U.S.C. § 512(c)(3). |
Signed-in accounts can read the full text of each one. All precedents.