ARTICLE
14 August 2024

Accelerating IP Protection: The Evolution Of EoU Charts With AI

Ka
Khurana and Khurana

Contributor

K&K is among leading IP and Commercial Law Practices in India with rankings and recommendations from Legal500, IAM, Chambers & Partners, AsiaIP, Acquisition-INTL, Corp-INTL, and Managing IP. K&K represents numerous entities through its 9 offices across India and over 160 professionals for varied IP, Corporate, Commercial, and Media/Entertainment Matters.
It is noted that the Evidence of Use (EoU) diagrams play the role of the essential tools on the level of IP management, including the most intricate processes in the context of patent litigation and monetization.
India Intellectual Property
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INTRODUCTION

It is noted that the Evidence of Use (EoU) diagrams play the role of the essential tools on the level of IP management, including the most intricate processes in the context of patent litigation and monetization.

Originally, EoU charts are documents that were created with much precision and offer step by step on how some patented technology is incorporated in a product or service.

Essentially, their main purpose is to distinguish between the direct correlation of the claimed innovation and the accused infringing product and create a simple and straightforward rationale for the potential infringement of patent rights.

These charts are not only essential for asserting patent rights in litigation to protect an innovation but also for licensing initiatives, which is significant in the protection of an invention.

I have thus been able to demonstrate that through the mapping of patented technology in existing market products EoU charts assists patents' owners in the presentation of patented valuables to enable negotiation regarding the licenses' agreements and the terms of service.

This evidential mapping offers a strong bedrock for patent owners to assert their claims over, negotiate licensing solutions for, and draw a revenue stream for, their IP assets.

However, it is also important to note that the design of EoU charts through the established approach is generally regarded as extremely laborious and resource-consuming. It involves extensive search in technical articles and patent documents, claims analysis, and effective market research that may entail professionals from the law and technology fields at many times.

This increases the costs of patent vigil and realization and erects a hindrance for budding inventors or other companies who cannot afford massive resources.

Over the recent years, the community faces more frequent pressing need in increasing the speed, accuracy and availability of the method for generating EoU charts while the necessity in improving the traditions' IP management by introducing into the technological process of the AI in the context of the applied field.

WHAT EOU CHARTS ARE AND WHY THEY MATTER?

They do so in careful detail with each claim of a patent given against the features or components of a product in the Evidence of Use (EoU) charts that include visuals and text illustrating how the technology is in use.

This detailed comparison is necessary for proving the infringement of the patent law as it provides concrete and undisputed evidences for proving the rights of the patent owner in legal proceedings.

Aside from being helpful in the context of litigation, EoU charts can provide valuable information in the process of negotiations in license deals. First, they provide a firm foundation on which such discussions can be predicated by identifying the applications and commercialization of patented technology in the product portfolios of potential licensees.

This has a positive effect on the position of the patent owner throughout the learning process and when drawing up a licensing agreement and gives a relatively accurate method of measuring value which is more likely to be fair to both sides of the agreement and ensures that the commitment made to the market is adequately met with the licensing of the patent.

Their importance goes beyond merely pointing out violations, within the realm of strategic management and monetization of IP assets.

Making the connections between patents and products more specific in today's contexts, EoU charts allow patent owners not only to better understand where their patents fit into the market landscape, but also to gain the best leverage they can in bargaining situations and get the most possible value out of their IPs.

THE LIMITATIONS OF TRADITIONAL EOU CHART CREATION

While the steps described above are traditionally followed to prepare an EoU chart, a novel method that comes with certain benefits that allow for better IP management and monetization has certain limitations and drawbacks that are important to acknowledge.

Underlying these difficulties is the fact that this is a highly manual process that lays significant time and resource demands coupled to specialties, which results in several significant limitations.

A. Time Consumption

First of all, effectiveness can be an issue due to the time spent on the activity of concern. The insane formalities of going through patents, defining what could be offered or done via the means of the patented technology and the mapping of these patents can at times take weeks or even a whole month or more.

This long cycle of litigation is quite untenable, especially in industries that have a shorter product life cycle and where protection of IP assets has to be prompt enough to safeguard their royalties.

B. High Costs

Another major barrier is the costs of the initiatives and implementation of the interventions, Technology and funding are among the other barriers. The level of specialization that is needed in order for EoU charts to be created to a higher level of accuracy is often in the realm of specialty lawyers and technical gurus.

While their services are very useful helping to ensure intellectual property protection for patents for example, they can be very expensive hence dear for small firms or individual inventors with small capital.

C. Human Errors

Moreover, EoU charts have been reported to be created manually by some organizations, and this process has been found to be subject to human error. It becomes very challenging to decode the legal language of patents and when technologies are applied, the variations could be so subtle and the content is voluminous such that even seasoned attorneys may fail to detect certain aspects or make mistakes.

The EoU charts preparation of the traditional models involves time consumption, high cost, and high error rate makes it difficult to manage IP.

These challenges serve to illustrate the concepts behind the need to find a way of improving on this otherwise cumbersome practice that is very much dependent on a lot of efforts from the people.

MORE GENERAL ADVANCEMENTS IN THE FIELD OF ARTIFICIAL INTELLIGENCE AS APPLIED TO EOU CHART CREATION

Recently innovative technologies like the Large Language Models and Generative AI have taken the IP management to a new level by influencing the generation of the Evidence of Use charts in a big way.

Previously a tedious and time-consuming task entirely done manually, these AI solutions introduced to the market are now making this process fast, efficient, and highly accurate.

Even LLMs and Generative AI are best suited to search and analyze large volumes of text, which can prove crucial to patenting and extracting, important details from a patent document.

They can evaluate proactive assertions made in patents and compare them to relevant product specifications, manuals, and other items potentially containing technology usage information.

This automation simplifies the generation of EoU charts and reduce dependency on personnel, thus heightening the level of precision in identifying possible infringement and other application of patented innovation.

In addition, these AI technologies can discover various relationships between the patents and the products, which may not be obvious to the manual reviews.

They add some additional information to the analysis, showing multiple overlapping use cases and possible infringements that complement the value of EoU charts when it comes to lawsuits or licensing processes.

The incorporation of the AI in the creation of EoU chart is a revolution that can effectively cut down on the ample of time and cost that important and valuable assets such as the IP assets require to be protected and where necessary sampled for monetization.

By utilising LLMs and Generative AI, patent owners and IP professionals are now able to bring into their figurehead a far more accurate, efficient, and resourceful means of managing the diverse array of their portfolios, thus guaranteeing themselves a stronger, wider, and more secure means of preserving and, indeed, profiting from their creations.

OBSERVATIONS HAVE BEEN MADE ON THE EFFICIENCY AND SPEED OF THE DIFFERENT AI - EOU CHARTS

The innovation of AI in the production of EoU charts in the patent field has resulted in an improved rate, and speed of working as compared to the pre developments.

See it on efficiency, the use of AI in enable rapid processing of large volumes of data and filtering of information which is relevant.

These technologies can scan as many as or more patent documents and the information on products which are possibly infringing or relevant to a particular application with high speed and accuracy.

This quick identification capability indicates that the owners of patents can easily transition from identification, to action, and this will help in increasing the pace of enforcing actions against infringers as well as in advancing negotiations for licensing agreements.

In addition, the enhancement in the EoU charts time and efficiency by implementing the AI method provides not only mere time-saving. That knowledge puts a subject in a stronger, better position to respond to fluctuating market conditions or competitor strategy; for an IP owner , it provides advantage.

They can quickly respond to any new infringements, and get a hold of licensing potentials, other than waiting for the creation of the EoU charts.

This is because the use of AI in producing EoU charts enhances the speed of processing patents and which in turn change the way companies approach the protection and value addition of their patents.

This technological advancement is assisting the development of legal and commerce systems and also improving the efficiency of strategies towards IP management.

REFERENCES

  1. https://xlscout.ai/evidence-of-use-eou-charts-in-the-age-of-ai-what-you-need-to-know
  2. https://www.patentmaniac.com/blog/evidence-of-use-eou-charting-best-practices/
  3. https://www.iiprd.com/navigating-the-legal-landscape-of-patent-unveiling-evidence-of-use-in-patent-litigation/
  4. https://www.iiprd.com/why-are-claim-charts-required-and-basics-of-how-they-are-prepared/

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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