Introduction

In the rapidly evolving landscape of today’s technological innovation, the complexity and breadth of navigating patent landscapes are paramount. Yet, patents generally remain remarkably underappreciated and underutilized within the startup ecosystem. The practice of Freedom to Operate (FTO), a crucial strategy for minimizing risks of infringement and informing robust go-to-market strategies, is essential yet too often underleveraged. Recently emerging as a critical, one-of-a-kind player, Evalify has also been recognized by entities such as OpenVC and featured by The LegalTech Fund for its innovative approach within the legal tech sector.

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This article aims to unpack and elucidate a significant set of enhancements to the Evalify score and assessment methodology, which are recalibrating how startups, investors, research entities, incubators, and accelerators think about, identify, and manage intellectual property (IP) risks and uncover new opportunities.

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The Evalify Score

Evalify’s scoring system represents a paradigm shift in traditional IP evaluations by deconstructing and distilling the complexities of patent landscapes into a quantifiable, manageable, and easily comprehensible form.

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This meticulously engineered scoring system is poised to set a new standard in early startup evaluations. Tailored for a diverse audience, including investors, startup founders, incubators, accelerators, and researchers, it serves as a critical navigational instrument in the intricate world of IP. By methodically assessing potential IP overlaps, similarities, and emergent opportunities, Evalify enables users, especially those without extensive IP expertise, to have direct and contextually rich actionable insights, thereby fostering more strategically informed decisions.

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New Features in the Latest Release

The latest iteration of Evalify introduces an advanced, refined preliminary Freedom to Operate (FTO) assessment methodology, improving the precision of claim and infringement analysis by 37% compared to its previous version. This enhancement not only strengthens the accuracy of the Evalify score but also equips stakeholders with a more nuanced instrument for maneuvering through the complex global patent domain. This enhancement ensures that both innovation endeavors and investments are de-risked and positioned for long-term success and strategic fortitude.

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Deep Dive: Literal Infringement and Infringement by Usage

In the context of patents, infringement refers to the unauthorized use of patented technology or processes. Grasping the subtleties of how such infringements manifest is indispensable for effectively navigating the patent landscape, providing clarity and actionable insights. Yet, all of the nuances and subtleties can be simplified for the less IP-versed, and Evalify does just that.

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Evalify has refined its logical and analytical capabilities to analyze and assess infringement through two principal methodologies: literal infringement and infringement by usage.

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Literal Infringement

Literal infringement occurs when an accused product or process, totally or partly (e.g., a specific product feature), precisely duplicates each element of an identified patent claim, showing no variance or differentiation. Evalify meticulously evaluates the extent of such literal infringements under the following classifications in relation to the patent evidence:

• Highly Relevant: The product in question, or a specific feature, exactly reproduces every facet of the identified patent claim, demonstrating a direct and unmistakable infringement.
• Relevant: While all essential elements of the identified patent are incorporated, there are minor, non-essential deviations that do not alter the fundamental character of the invention.
• Related: The product shares several critical features with the identified patented item, though differences that do not compromise the core innovation are evident.
• Somewhat Related: Some similarities hint at a conceptual linkage, yet significant differences in functionality or design clearly set the entities apart.
• Not Related: The product does not contain elements of the identified patent claim, completely absolving it from any infringement claims.

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Infringement by Usage

Beyond the structural parallels assessed in the literal infringement, Evalify evaluates how a product’s intended or actual usage aligns with existing, identified patented methodologies, which may also constitute infringement:

• Evident by Usage: The infringement is blatantly apparent when the product is utilized as intended, requiring no further scrutiny to establish its presence.
• Discoverable by Usage: The infringement becomes perceptible to an observant user through regular interaction or operation of the product.
• Inferable by Usage: While not openly obvious, a careful analysis of the product’s application or output allows the infringement to be inferred.
• Requires Functional Analysis: To demonstrate infringement, an in-depth examination of the product’s functionality beyond its typical use (e.g., access to source code for a digital product or disassembling to inspect the internal architecture and materials for a physical one) is necessary.
• Undiscoverable: No standard operational or functional analysis level is sufficient to detect the infringement, making it virtually undetectable. Intuitively, the risk for competitors to spot these infringement cases is significantly lower.

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Evalify’s enhanced approach in assessing both literal infringement and infringement by usage ensures that every facet of IP risk is scrutinized precisely.

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This dual analysis substantially elevates the accuracy and relevance of the infringement risk assessments, empowering stakeholders to make well-informed decisions and strategically navigate potential legal intricacies.

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Complementary Benefits for Different Audiences

Evalify’s advanced functionalities offer substantial benefits tailored to various segments within the startup and innovation ecosystem, providing targeted solutions to meet their unique intellectual property (IP) challenges:

• Investors: Evalify equips investors with enhanced tools for meticulous risk assessment and informed decision-making. By providing a clear view of the IP landscape surrounding a new startup, investors can better gauge potential investment targets’ viability and their IP posture, ensuring capital is placed in ventures with a secure, risk-aware IP positioning.
• Founders: For startup founders, Evalify offers deep, contextual insights into the IP environment surrounding their innovations. This intelligence enables founders to refine their technological offerings, strategically map out the competitive IP landscape, and design market strategies that minimize the risk of IP infringement. Such tools are invaluable for ensuring that their innovations stand on solid legal ground.
• Incubators and Accelerators: These entities benefit immensely from Evalify’s capabilities, as they can provide startups with critical guidance on navigating IP complexities. This support is crucial in helping startups avoid IP pitfalls that could tarnish their reputation or lead to costly litigation, safeguarding the incubator or accelerator’s investment and reputation.
• Research Centers and Groups: Evalify facilitates more informed decision-making in collaborative research and innovation efforts. By enhancing the understanding of the IP landscape, research entities can more effectively manage technology transfers and commercialization processes, ensuring that new inventions and discoveries translate into marketable technologies without infringing on existing IPs.

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What’s Next

The recent enhancements to the Evalify score mark the beginning of a series of planned expansions and improvements. Upcoming updates will introduce sophisticated risk mitigation strategies, providing users with tools to navigate the present IP landscape and adapt to its evolution. These tools will include capabilities for seamlessly exploring adjacent possibilities, options, and pivoting strategies, ensuring stakeholders can adjust their approaches in real-time. Furthermore, the forthcoming development of continuous, real-time IP monitoring capabilities will transform Evalify into an indispensable, dynamic assistant for ongoing strategic decision-making in IP management. This ongoing evolution underscores that FTO is not a static assessment but a continuous strategic exercise vital for maintaining a competitive edge in a fast-paced technological world. Let’s always remember we have almost 5x more patents today than in the 90's.

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The recent enhancements to the Evalify score represent a significant leap forward in how patents are seen, interpreted, and exploited for accurate, actionable intelligence. This set of improvements offers unparalleled clarity, precision, and strategic insights specifically tailored to the nuances and demands of the global patent landscape. It is a testament to innovative technology’s power to transform complex, generally inaccessible data into actionable intelligence that can drive decision-making and foster a deeper understanding of IP-related risks and opportunities.

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I invite all innovation ecosystem members — from venture capitalists and entrepreneurs to researchers and industry accelerators — to harness the capabilities of Evalify’s Preliminary Freedom to Operate Assessments. This one-of-a-kind assessment enables non-IP experts to navigate the intricate world of patents with confidence and strategic acumen. By integrating Evalify into your strategic toolkit and regular workflow, you can proactively identify and manage patent-related challenges, unlock new opportunities, and safeguard your innovations or investments.

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Sign up for Evalify today and witness the #EvalifyEffect. Use the coupon code EVALIFY50OFF to receive a $50 discount on your first Evalify’s Preliminary Freedom to Operate Assessment.

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