What is patent technology evasion? What are the implementation strategies of patent technology evasion?

Avoidance of patented technology: find out the loopholes in the protection field and content, and use these loopholes to "borrow" patented technology without infringing patent rights.

Strategy:

(1) Only refer to the design to avoid technical problems in patent documents, and know the performance index of new products or technical problems solved by technical solutions through patent documents.

(2) Draw lessons from the circumvention design of the background technology in patent documents, and create a design scheme that does not infringe patent rights on this basis.

(3) Drawing lessons from the invention contents in patent literature and the evasive design of specific implementation scheme. In this process, on the one hand, we look for the general omissions in the claims, and find out the embodiments or corresponding variants that can achieve the purpose of the invention but are not protected in the claims; On the other hand, by applying the technical principle, theoretical basis or inventive concept mentioned in the present invention, a technical scheme different from that protected by the claims can be created.

(4) Drawing lessons from the circumvention design of patent examination related documents. In the lawsuit, the obligee may not go back on the restrictive explanations and partial waivers made in the process of reviewing opinions, which is likely to be a technical solution that can achieve the purpose of the invention but is excluded from the scope of protection.

(5) Drawing lessons from the circumvention design of patent claims. This circumvention design adopts a technical scheme similar to the patent, but at least one technical feature is acquiesced, or at least one necessary technical feature is different from the claim. This is the most common circumvention design, and it is also the circumvention design closest to the scope of patent protection.