When developing new technologies, legally avoiding patent infringement requires an in-depth understanding of the basic principles of patent law and the coverage of existing patents. The following are some strategies based on legal and technical analysis, but it should be noted that the specific operation should always be subject to professional legal advice.： --- ###1. The core principles of patent avoidance 1. **Claim analysis** -The scope of patent protection is defined by claims, and the infringement determination must meet the principle of comprehensive coverage (all technical features are implemented). -**Circumvention method**: Through technical improvements, the new scheme lacks or replaces at least one necessary technical feature in the claims. 2. **Free implementation (FTO) analysis** -Before research and development, entrust professional institutions to conduct patent search and analysis, clarify the boundaries of existing patents, and identify high-risk points. --- ###2. Technology avoidance strategy 1. **Replacement of technical features** -If the patent right requirement contains a specific structure (such as A+B+C), you can try to replace one of the elements with an equivalent technology (such as changing C to D), and it needs to be proved that there is a significant difference in function and effect between D and C. 2. **Bypass priority day** -Study the patent family and priority date, and use the disclosed technology (such as papers and products) after the priority date as the basis for improvement to avoid falling into the patent protection period. 3. **Use of open source technology** -Some patents may be invalidated due to the disclosure of open source projects (such as failure to claim rights in a timely manner), or risks can be reduced through the use of open source protocols (such as Apache and GPL) in compliance. --- ###3. Legal strategy 1. **Patent invalidation** -Challenge the validity of patents through patent office procedures (such as invalidation requests from China CNIPA and the United States USPTO). Common reasons include lack of novelty, creativity, or insufficient disclosure. 2. **License negotiation or cross-licensing** -Actively contact the patentee to negotiate authorization, or use their own patent portfolio to reach a cross-license agreement. 3. **Regional avoidance** -Patents are regional in nature. If the target market does not cover a specific country/region, the product launch area can be adjusted. --- ###4. Risk control 1. **Document the R&D process** -Record the technical iteration path in detail to prove independent creation rather than plagiarism. 2. **Legal Opinion Letter (Opinion Letter)** -A written opinion shall be issued by a patent lawyer to analyze the legality of the circumvention plan as evidence for future defenses. 3. **Dynamic monitoring** -Continuously track the legal status of related patents (such as maintenance fee payment, invalidation litigation results), and adjust strategies in a timely manner. --- ###5. Ethical and business considerations -**Innovation priority**: Avoiding patents should not be a technical goal, but the core should still be to create differentiated value. -**Reputational risk**: Excessive dependence on avoidance strategies may lead to litigation or damage corporate image. -**Open source alternative**: Consider participating in or contributing to the open source ecosystem and using the power of the community to reduce patent barriers. --- ### Summary The legality of patent circumvention depends on a precise grasp of the claims and legal details. It is recommended to introduce a patent team in the early stage of research and development to reduce risks through “Design Around” rather than “exploit”. In the end, technological innovation and differentiation are the core of long-term avoidance of competitive barriers.