Is the most powerful "cottage" method of detour design?

First say the core of the article theme: I think the most powerful "cottage" method is really bypass design!

Bypass design, called design around, also known as avoidance, refers to a specific behavior of the patent, is a strict legal terminology.

1. Who needs bypass design?

For example, a company A has developed a new product A, if the patent application and authorization, in accordance with the requirements of the patent law, without the company a license, no person shall be for the purpose of the production and operation of the patent. At this point, if B Company found that the product is very market prospects, want to manufacture and sell product a, but under the high license fee of a company, at this time B Company and patent lawyer together to a company's application of product a patent research, a can achieve with product a similar product A1, But A1 is able to circumvent the protection of patents, and this behavior is bypass design.

To put it simply, Apple has applied for an appearance patent for the rounded rectangle of the iphone4, Samsung's S3 made rounded corners but not rectangular, which is the round rectangle patented bypass design, that is, "non-rectangular" detour "rectangular".

2, Bypass Design method

The method of bypass design is related to the judgment principle of patent infringement, and the patent infringement judgment is called comprehensive coverage. For example, if company a applied for a water cup patent with a cup lid and a cup, the company B would only have a cup cap and a cup to cover it, which is a patent infringement. If the cup made by B Company has only a cup lid or a cup, it omits the cup lid or the cup, which is not infringed at this time, or if B Company does not make a cup, but does a cup to achieve the role of the replacement Cup, at this time also not infringement. In short, the bypass design can be omitted or replaced by the method. The substitution can be further differentiated into inferior or general substitution.

3, bypass design notice what

Although the overall principle of patent infringement is comprehensive coverage of infringement, but the actual situation is very complex, there is an equivalent infringement, that is, although the literal is not tort, but if the same means to achieve the basic same function, to achieve the basic same effect, and the general technical personnel in this field can not be linked to the creative work of the characteristics, at this time also belong to patent infringement. For example, a patent requires the protection of two parts of a product to be welded to the fixed connection, and if the bypass design is only changed to riveting this way, there may also be a risk of infringement.

In other words, detour design should pay attention to a degree of problem, this degree is the determination of patent infringement. A successful bypass design should meet the three requirements, first, can avoid infringement risk, second, commercial still competitive, third, technically achievable. That is, the need to meet legal, market, and technical requirements.

Finally, the use of Steve Jobs quoted Picasso said: "The bad carpenter copy, The Skillful thief" "artists copy, the artists steal." Standing on the shoulders of giants can do better, bypass design is a very positive positive business behavior, consistent with the development of human history, but pay attention to avoid the risk of patent infringement. In the actual operation, the need for technical personnel, marketing personnel and professionals to work together to do a good job.