What is patent technology circumvention and what are the implementation strategies for patent technology circumvention?

Nowadays, the tertiary industry is developing rapidly, especially in the high-tech field. Not only is the development momentum good, but the competition is also very fierce. If you want to gain a foothold in the international market, you need to pay attention to all aspects and avoid entering into various disputes. What is Patent technology circumvention, and what are the implementation strategies for patent technology circumvention? Next, the editor of Legal Savior Network has compiled the following content to answer your questions, and I hope it will be helpful to you.

What is patent technology circumvention and what are the implementation strategies for patent technology circumvention

"Patent technology circumvention" mainly refers to Aiming at competitors' patent barriers, find out their loopholes in areas of protection, content protection, etc., and use these loopholes to "borrow" the patented technology without infringing the patent rights.

Implementation strategies for patent technology circumvention

The implementation of circumvention of patented technology is mainly carried out through circumvention design. The basis for circumvention design is the corresponding patent analysis. On the one hand, through patent analysis, we can understand the patent layout of competitors and find markets where we can develop; on the other hand, through patent analysis, we can conduct detailed interpretations of patented technical solutions and study and obtain alternative solutions. There are five main types of solutions:

(1) Only learn from the avoidance design of technical problems in patent documents, and learn about the performance indicators of new products or the technical problems solved by technical solutions through patent documents.

(2) Learn from the circumvention design of the background technology in the patent document, and based on this Create a design that does not infringe the patent.

(3) Learn from the invention content and content in patent documents Avoidance design of specific implementations. In this process, on the one hand, we look for general omissions in the claims and find embodiments or corresponding modifications that can achieve the purpose of the invention but are not generally protected in the claims; on the other hand, we can use the technology mentioned in the content of the invention to principles, theoretical basis or inventive ideas to create technical solutions different from those protected by the claims.

(4) Avoidance by drawing on documents related to patent review design. The right holder is not allowed to regret the restrictive explanations and waivers made in the process of responding to the examination opinion during litigation, and these are likely to be technical solutions that can achieve the purpose of the invention but are excluded from the scope of protection.

(5) Learn from the avoidance design of patent claims . This kind of circumvention design is to adopt a technical solution that is similar to the patent, but defaults on at least one technical feature, or has at least one necessary technical feature that is different from the claims. This is the most common circumvention design and the one closest to the scope of patent protection.

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