Patent Claim Chart Generator with Evidence and Citations

What is a patent claim chart?

A patent claim chart is a table that takes one claim of a patent apart into its elements and puts next to each element the evidence that bears on it, with a citation. In an infringement claim chart the evidence comes from the accused product: a manual, a data sheet, a teardown, source code, a web page. In an invalidity claim chartit comes from prior art: older patents, papers and products that were public before the patent's priority date.

The layout is always the same: the claim language on the left, the evidence on the right, one row per element. That makes it easy to see at a glance which elements are well supported and which have nothing behind them. This generator builds the table as you type, numbers the elements, counts your marks and exports the result as an image, a CSV or a table you can paste into Word.

What claim charts are used for: infringement, invalidity, FTO and licensing

The generator has two modes. Infringement mode has one evidence column, which also fits an FTO or a licensing chart. Invalidity mode has up to three reference columns, so you can show that one reference covers one element and another covers the rest.

How to make a claim chart

1. 1

   Choose the chart type

   Pick infringement to chart one claim against one accused product, or invalidity to chart it against up to three prior art references. The rest of the workflow is the same.

2. 2

   Paste the claim and split it

   Paste the text of one claim, including its number, and press Split into elements. The text is cut after each semicolon and each colon, and the preamble becomes 1[pre]. Then read the result against the patent and fix any cut that is in the wrong place with the edit and insert buttons.

3. 3

   Name the product or the references

   For an infringement chart, name the accused product and version. For an invalidity chart, name each reference the way you would cite it, with the patent number or the title and the date.

4. 4

   Fill the evidence and the citation

   For each element write what the product does or what the reference says, in your own words or as a short quote, and give a citation precise enough for someone else to find it: a page, figure, column and line, paragraph number or URL with the date you viewed it.

5. 5

   Mark each cell

   Mark it met, partly met or not met (disclosed, partly disclosed or not disclosed for prior art), or leave it unmarked while you are still looking. The totals under the chart count your marks. They do not decide anything.

6. 6

   Export

   Download SVG or PNG for a slide or a memo, CSV to keep working in a spreadsheet and load it back later, or copy the table and paste it into Word or Google Docs, where it stays an editable table.

How to split a claim into elements

Splitting is the step people spend the most time on. A reliable method is to read the claim aloud and mark every place where one requirement ends and the next begins. The automatic split in this tool follows the punctuation that claim drafters use, so most claims split correctly on the first try; it is still a starting point.

• The preamble is its own element. Everything before the first colon, for example "A method of placing an order comprising:", is the preamble. It is charted as the preamble, [pre], by convention. Whether a preamble limits the claim is a legal question, so chart it anyway.
• Each step or component after a colon or semicolon is an element. Claims usually list their parts separated by semicolons. Each part gets a letter: [a], [b], [c]. The tool also cuts after a colon in the middle of a claim, so a sub-list gets its own header element followed by its items.
• Keep the "and" and "or" with the element before it. The "and" that follows the last semicolon of a list stays at the end of the element it closes, as in the claim, so the elements read back as the original wording.
• A closing "whereby" clause becomes an element. A whereby clause is split off when it comes after the last step. Check whether it adds a limit. If a long element holds two separate requirements, split it by hand so each can be marked on its own.
• Chart one claim at a time. A dependent claim includes every element of the claim it depends on, so chart the independent claim first and then add only the new element of each dependent claim.

Take the invalidity example below. Its claim 1 has a preamble and three steps, so the elements are 1[pre], 1[a], 1[b] and 1[c]. The last two steps are joined by "and" without a semicolon, so the automatic split keeps them together; in the example they were separated by hand with the edit and insert buttons.

Example: an invalidity chart for an expired patent claim

The chart below uses claim 1 of US 6,285,999 B1, an expired patent, copied from Google Patents. The three prior art references are invented. Reading across the chart, the first two references describe the setting and the data gathering but are marked not disclosed for the scoring step 1[b], and are only a partial match for the ordering step 1[c]. The third reference carries the weight of 1[b] and 1[c], and its cells for 1[pre] and 1[a] are left empty because the chart does not rely on it there. An empty cell is part of the argument, so leave it empty rather than filling it.

Common claim chart mistakes

• Paraphrasing the claim. Copy the claim text word for word from the patent, then check the copy against a second source. A chart that changes a word can be answered by pointing at the word.
• Marking an element met without evidence. If you cannot write what supports it and where, leave it unmarked.
• Citing something you cannot find again. Give the document, the page or paragraph and, for web pages, the date you viewed it.
• Skipping the preamble and the closing whereby clause because they seem like filler. Chart them or note why they were left out.
• Merging two requirements into one element, so a partial match looks like a full one. Split the element.
• Charting a product version that is not the one at issue. Name the model, version and date of every document you rely on.

Claim charts and patent drawings

Claim charts and patent figures work from the same text. If you are drafting an application, the figures and reference numerals must support every claim element, and a chart of your own claims against the description is a quick check. The patent drawing generator drafts the figures. For background see the guide to patent drawing software and the patent drawing examples guide.

Using it responsibly

This is a formatting tool, not legal advice. It does not read the patent, check the evidence, construe the claim or tell you whether anything infringes or is invalid. Always copy claim language from the official patent document and check the current legal status of the patent, including any reexamination, certificate of correction or terminal disclaimer, before relying on a chart. Do not enter confidential client material on a shared computer. For a dispute, a license or a launch decision, have a patent attorney or patent agent review the chart.