How to avoid utility model patents

First: make a patent analysis and evaluation report.

It is the most practical and effective way to find an agency with this ability to help you complete the above contents. Of course, agents with this ability and qualification usually charge a high fee. If you really have such a need, you can try it.

Second: avoid the patent to be applied for and avoid the known scope of protection.

On the basis of understanding other people's patents, we need to pay attention to equivalence when simplifying some unnecessary technical features. If your simplified content is dispensable, it is of little significance to apply for authorization, and the effect must show advantages. It is relatively difficult to obtain authorization only by streamlining steps.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 440 The following rights that the debtor or a third party has the right to dispose of may be pledged: (1) Bills of exchange, promissory notes and checks; (2) Bonds and certificates of deposit. (3) Warehouse receipts and bills of lading; (4) Transferable fund shares and equity; (5) Transferable intellectual property rights such as the exclusive right to use a registered trademark, patent right and copyright; (6) Existing and future accounts receivable; (7) Other property rights that can be pledged according to laws and administrative regulations.

Article 444 Where intellectual property rights such as the exclusive right to use a registered trademark, patent right or copyright are pledged, the pledge right shall be established at the time of pledge registration. After the pledge of property rights in intellectual property rights, the pledgor may not transfer or license others to use them, unless the pledgor and the pledgee agree through consultation. The pledgor shall pay off the debts in advance to the pledgee or deposit the price for transferring or allowing others to use the pledged intellectual property rights.

Article 845 The contents of a technology contract generally include the name of the project, the content, scope and requirements of the subject matter, the plan, place and method of performance, the confidentiality of technical information and materials, the ownership of technical achievements and the way of profit distribution, the acceptance criteria and methods, and the interpretation of terms and conditions. Technical background information, feasibility study and technical evaluation report, project task book and plan, technical standards, technical specifications, original design and process documents and other technical documents related to the performance of the contract may be taken as an integral part of the contract according to the agreement of the parties. Where a technology contract involves a patent, it shall specify the name of the invention-creation, the applicant and patentee of the patent, the date of application, the application number, the patent number and the validity period of the patent right.

Article 846 The terms of payment for the price, remuneration or royalties of a technology contract shall be agreed upon by the parties, which may be lump-sum payment or lump-sum payment, royalty payment or royalty payment plus prepaid royalties. Where it is agreed to pay the royalties, the royalties may be calculated according to a certain proportion of the product price, new output value, profit or product sales after the patent is implemented and the technical secrets are used, or by other agreed means. The proportion of royalty payment can be fixed, increasing year by year or decreasing year by year. If the use fee is agreed, the parties may agree on the method of consulting the relevant accounting accounts.

Article 859 Except as otherwise provided by law or agreed by the parties, the right to apply for a patent for an invention-creation commissioned for development belongs to the research developer. If the research developer obtains a patent right, the client may exploit the patent according to law. Where the research developer transfers the right to apply for a patent, under the same conditions, the client shall have the priority to be assigned.

Article 860 The right to apply for a patent for an invention-creation completed through cooperative development belongs to the parties involved in the cooperative development. If one party transfers its patent application right, under the same conditions, the other parties have the priority to be assigned. However, unless otherwise agreed by the parties. If one party to a cooperative development waives its right to apply for a patent, it may apply separately by the other party or jointly by other parties, unless otherwise agreed by the parties. If the applicant obtains a patent right, the party who gives up the right to apply for a patent may exploit the patent free of charge. If one party to the cooperative development does not agree to apply for a patent, the other party or other parties shall not apply for a patent.