1, you can avoid other people's invention patents by the following ways:
(1) When developing new products, enterprises should minimize the number of project team members and require them to undertake confidentiality obligations;
(2) Patent investigation and novelty retrieval must be carried out before patent application and implementation to avoid falling into the protection scope of others' patents;
(3) Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.
2. Legal basis: Article 60 of the Patent Law of People's Republic of China (PRC).
The decision made by the administrative department for patent in the State Council to grant a compulsory license for exploitation shall be notified to the patentee in time, and shall be registered and announced.
The decision to grant compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory license. When the reasons for compulsory license are eliminated and no longer exist, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination.
Second, what circumstances are not regarded as infringement of patent rights?
The cases that are not regarded as patent infringement are as follows:
1. The patented product or the product directly obtained according to the patented method is used, promised to be sold, sold or imported after being sold by the patentee or its authorized unit or individual;
2. Having manufactured the same product, used the same method or made necessary preparations for manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope;
3. Foreign means of transport temporarily passing through China's territory, territorial sea and airspace use the relevant patents in their devices and equipment for their own purposes according to the agreement signed between their countries and China or the international treaties to which * * * is a party, or according to the principle of reciprocity.