What is patent circumvention design? How to avoid it?
What is patent circumvention design? What is the general purpose of patent evasion design? Patent circumvention design refers to modifying the existing mechanism design to circumvent the scope of patent protection. The design idea focuses on how to use different structures to achieve the same function and avoid infringing on the rights of others. Therefore, patent circumvention design is of great significance to make the patent application process smoother and greatly improve the success rate of patent application. What is patent circumvention design? Patent circumvention design is a legal competitive behavior originating from the United States. At first, patent circumvention design was only a way of working as a patent system, aiming at encouraging invention and promoting the progress of popular culture. SCHECHTER defines patent circumvention design as a design process in which enterprises bypass the development of new designs in order to avoid obstacles or attacks from other competitors' patent claims. The detailed patent stipulates three design methods: ① reducing the number of parts to meet the principle of universal coverage; (2) using alternative methods to make the defendant's theme different from the technology pointed out in the claim, so as to prevent literal infringement; (3) Make substantial changes to the constituent elements in terms of methods/functions/results to avoid violating the principle of equivalence. In a word, patent circumvention design, as an effective analysis tool, can guide designers to carry out technical analysis, combine the principle of patent circumvention design, and choose reasonable technology to delete or replace, thus fundamentally breaking through the technical monopoly of existing patents. Of course, the patent circumvention design hopes to be a novel, creative and practical circumvention way, but if the patent circumvention way is to make minor changes through patent examination, it is like taking a loophole.