Patent Evidence of Use Analysis

Patent evidence of use (EoU) analysis applies failure analysis and reverse engineering techniques to determine whether a product contains the structures, materials, and features described in a patent's claims. Watson Analytical provides IP attorneys, patent licensing firms, and in-house counsel with objective physical evidence and element-by-element claim mapping to support licensing negotiations and patent litigation.

EoU analysis is also referred to as evidence of use reverse engineering, patent infringement analysis, and technical claim mapping.

What EoU Analysis Provides

• Identification of claimed structures, materials, and features in the product under analysis
• Element-by-element claim mapping against the physical evidence
• Documented evidence: images, cross-sections, dimensional measurements, and compositional data
• Chain-of-custody records for every sample
• Reports structured for licensing discussions and litigation

Claim Element Mapping

Each asserted claim is broken into its individual elements. For every element, we document whether the physical evidence in the product is consistent with the claim language, supported by the images, measurements, and data that establish it. This technical mapping provides the evidentiary foundation for your attorneys' claim charts. Legal conclusions on infringement remain with counsel; our role is to provide objective, defensible technical findings.

Analytical Techniques

The techniques are selected for the claim elements being investigated:

• X-ray inspection and acoustic microscopy: internal construction documented non-destructively.
• Decapsulation and delayering: circuit layout and device structures exposed layer by layer.
• Cross-sectioning and FIB: layer stacks, interfaces, and dimensions at specific locations.
• SEM/EDX and FTIR: high-resolution imaging and material composition.
• Electrical characterization: functional behavior described in method and system claims.

Evidence Integrity and Confidentiality

Every sample is tracked with chain-of-custody documentation from receipt through analysis and return or storage. Work is performed under an ISO 9001:2015 certified quality management system, and as an ITAR-registered laboratory we handle export-controlled products and technical data under a documented export compliance program. Client materials and findings are held in strict confidence.

Product Liability and Failure Investigation

Beyond patent matters, we provide objective analytical data for disputes involving product failures, from materials analysis to electrical and mechanical system failures, helping counsel determine whether to pursue a case and supporting the technical argument.

Related Services and Applications

• Construction Analysis
• IC Delayering and Deprocessing
• Scanning Electron Microscopy (SEM/EDX)
• Cross-Sectioning Services

Frequently Asked Questions

What is evidence of use analysis?

Evidence of use (EoU) analysis is the technical investigation of a product to determine whether it contains the features described in a patent's claims, documented with physical evidence such as images, cross-sections, and measurements.

Do you provide claim mapping?

Yes. We map each claim element to the physical evidence, documenting whether the findings are consistent with the claim language. This technical mapping supports the claim charts prepared by counsel.

Do you determine whether a product infringes a patent?

No. Infringement is a legal determination made by counsel and the courts. We provide the objective technical findings and claim element mapping on which that determination is based.

How is sample chain of custody maintained?

Every sample is documented from receipt through analysis and return or storage, under an ISO 9001:2015 certified quality management system.

Request Evidence of Use Analysis

Watson Analytical is an ISO 9001:2015 certified, ITAR-registered failure analysis laboratory in San Diego, California. Contact us to discuss your matter in confidence and request a quote.