When companies legally imitate hot-selling technologies in the market, they must strictly abide by intellectual property laws to avoid patent infringement. The following are feasible technical measures and legal strategies, combined with cases and operational recommendations： --- ###**1. Patent avoidance Design (Design Around)** 1. **Reorganization of technical solutions** -Analyze the claims of the target patent and identify its core scope of protection (such as specific structures, steps, or functional combinations). -Design differentiated solutions by modifying the technical realization path (such as replacing materials, changing the process flow, and optimizing the algorithm logic). -**Case **: In the smart phone fingerprint recognition patent, if the original patent is based on capacitive sensing, ultrasonic or optical sensing technology can be used instead. 2. **Functional equivalent substitution** -Use different technical means to achieve the same function. For example, if a patent realizes automatic closure through a mechanical structure, electromagnetic or pneumatic drive can be used instead. --- ###**2. Use public technical information** 1. **Analysis of patent documents** -Study expired patents (such as U.S. patents with a 20-year protection period) or patents that have not been applied for in the target market, and legally use their technologies. -**Tools**: Use databases such as Google Patents and Espacenet to filter invalid patents. 2. **Reference for open source technology** -Secondary development based on open source projects (such as Apache and MIT licenses), subject to license terms (such as indicating the source and prohibiting closed sources). --- ###**3. Legal technical cooperation** 1. **Patent license negotiation** -Negotiate authorization (such as cross-licensing and paid licensing) with the patentee to reduce the risk of infringement. -**Case **: Huawei and Qualcomm signed a patent cross-license agreement to share the right to use the technology. 2. **Industry-university-research cooperation** -Unite universities or research institutions to use their basic research results (usually not commercialized) to develop derivative technologies. --- ###**4. Legal strategy and risk control** 1. **Free implementation (FTO) analysis** -Hire a patent lawyer to conduct an infringement risk assessment to ensure that the new design does not fall within the scope of existing patent protection. 2. **Patent invalidation challenge** -By searching the prior Art, it is proved that the target patent lacks novelty or creativity, and the application is declared invalid. 3. **Regional avoidance** -If the patent has not been applied for in a specific country/region (for example, some countries do not recognize software patents), the technology can be legally used in that market. --- ###**5. Other legal means** 1. **Reverse engineering (under legal conditions)** -Disassemble and analyze publicly sold products (as long as they do not violate user agreements or trade secrets laws) to obtain technical inspiration. -**Restrictions**: The U.S. "Digital Millennium Copyright Act" (DMCA) prohibits bypassing technical protection measures. 2. **Technological improvement and micro-innovation** -Adding innovation points (such as improving energy efficiency and simplifying operations) on the basis of imitation may form new patents. --- ###**Risk warning** -**Direct copying**: Even with minor modifications, if the technical characteristics cover the patent rights requirements, it may still infringe. -**Indirect infringement**: The provision of accessories or services dedicated to patented technology may also be liable. -**Global layout**: PCT international patents and national legal differences need to be considered. --- ###**Recommended steps** 1. **Search target patent**: Clarify the scope of its claims. 2. **Design a differentiated plan**: Change at least one necessary technical feature. 3. **Legal audit**: Confirm compliance through FTO. 4. **Document retention**: Record the R&D process and prove independent development (in response to potential litigation). Through the above methods, enterprises can reasonably learn from technology within the legal framework, while reducing the risk of infringement. The final plan needs to be customized in accordance with the specific technical field and legal environment.