What does “infringement analysis” entail?

Infringement analysis is a critical step in the patent enforcement process, and it involves a careful comparison of the claims of a patent against a specific product or process that is suspected of infringing on those claims. This comparison aims to determine whether the accused product or process embodies the elements of the claims as defined in the patent.

The essence of infringement analysis lies in identifying whether every element of at least one of the claimed inventions is present in the accused product or process, either literally or under the doctrine of equivalents. This analysis is foundational for enforcing patent rights because if an infringement is established, the patent holder may pursue legal remedies against the infringer.

This process does not include historical examination of the patent, economic valuation, or drafting claims for new applications, which are separate activities that involve understanding the patent's background, assessing its market worth, or formulating new patent claims, respectively. Thus, the focus on the direct comparison between the patent claims and the allegedly infringing products or processes makes option A the correct and most relevant answer regarding infringement analysis.