What is a patent avoidance design?

After the Patent application is successful, others can no longer use the product unless they authorize it themselves or collect patent fees from others. Nowadays, products are becoming more and more similar, and many times they will inadvertently plagiarize other people's patents, so the patent What does it mean to avoid design? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What is patent avoidance design

is a common patent passive avoidance strategy, that is, studying a certain patent of others, Then design a new solution that is different from others' patents protected by patent law to circumvent others' patent rights.

Patent

Patents literally refer to exclusive rights and interests.

In modern times, patents are generally issued by government agencies or representatives A document issued by regional organizations in several countries upon application. This document records the content of an invention and creates a legal status within a certain period of time, that is, the patented invention and creation can generally only be used by others through experience. It can only be implemented with the permission of the patentee.

In our country, patents are divided into inventions, utility models and There are three types of exterior designs.

The scope of protection of invention or utility model patent rights shall be as follows: The content of the claims shall prevail, and the description or drawings can be used to explain the claims. How to determine the content of patent protection shall be subject to the scope determined by the claims. The scope of protection of design patent rights shall be shown in pictures or photos The design patented product shall prevail.

A country Or the patent protection rights granted by a region are only valid within the scope of that country or region, and have no legal effect in other countries and regions, and the patent protection rights are not recognized.

The term of patent protection: 20 years from the date of application for invention patents, utility model patents and The design period is 10 years. When the patent protection period expires, the annual fee is not paid, or the voluntary surrender is made, the patent right is no longer protected.

The independent claim includes a preamble and a characterizing part. The preamble specifies the name of the subject of the technical solution of the invention or utility model, and the subject of the invention or utility model is the closest to it. The necessary technical features common to the prior art should be stated in the feature part that are different from the closest prior art. The technical features in the feature part and the technical features in the preamble are combined to limit the invention or utility model claimed protection. Scope.

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