Study On Patent Design Around Based On Mechanical Patent’s Technology Constraints And System Constraints

As the global economy compete more and more fiercer,intellectual property has become the important element in the market competition,implementing intellectual property protection has become important strategy in each country.Developed countries represented by Japan,America and Germany have begun to implement the "patent enclosure” movement in the global scale.Trade barriers have been transformed from the initial tariff barriers into intellectual property barriers,business competition has evolved into the patent race completely.Since the accession to the WTO world trade organization,our country has been rebuffed on foreign company’s patent barriers.Therefore,how to break the patent barriers and protect enterprise’s own core patent technology has become a very important and urgent problem.Patent design around,which is also called the patent avoidance,is a kind of innovation design process of new design around development to avoid the obstructions or attacks of other competitors company’s patent claim,has become one of the important conditions and methods of enterprise’s own development as well as breaking through patent barriers.This paper aimed at the evasion technology study of patent technology.The status is deeply analyzed and the innovative design constraint framework is established from the view of system constraints and technology constraints.In order to bypass the existing scope of patent rights,achieve new patent technology and patent portfolio and establish systematic and scientific design method of patent around,the innovative tools like theory of TRIZ are combined with production system overall process.The main content of the paper includes the following several aspects(1)Based on the patent retrieval and patent analysis,combining with the patent portfolio analysis among enterprises of multi-dimensional calibration,the object enterprise and compared enterprise are determined and the circumvent fuzzy front end is studied.The mechanical product patent is selected as a case study,the enterprise patent data relations and patent portfolio types are analyzed,based on the four dimensions of primary and secondary dimension map patent portfolio identification method is researched within an enterprise and patent around objective is identified.Patent portfolio quality and value evaluation model is studied and formulate the corresponding patent around strategy.(2)Based on patent infringement judgment and its related legal institutions interpretation,the corresponding relationship between patent design around process and patent system is established and the conversion method of patent system constraints to the engineering design language is researched.Based on the feature analysis of TRIZ theory tool,the constraint extraction strategy of TRIZ theory analysis tool matching with the patent system at different stages is studied.Based on the fuzzy mathematics theory and TRIZ ideal solution,the quantitative evaluation method of the patent is studied.(3)The patent around method incorporating with patent system constraints,the existing technical analysis and TRIZ theory method is researched.In combination with feature analysis of patent portfolio,the method of discovering problems of constraint breakthrough of patent portfolio technology based on TRIZ methods of umbrella type,beam type,star type and chain type is studied and the corresponding tables of different patent portfolio design around are established.By applying the tools like conflict theory,standard solution,effects library and repository in TRIZ theory,the problem-solving method of four types patent portfolio is studied.(4)Based on identification method of enterprise’s patent around objective,different kinds of patent portfolio types form different circumvention methods.The specific processes of different kinds of patent portfolio design around including umbrella type patent portfolio,the beam type patent portfolio,star type patent portfolio and chain type patent portfolio are set up.Based on technology constraints and system constraints,the innovation design process model of mechanical products patent is established.(5)Based on patent around process model of system constraints and technology constraints,composite analysis for a certain enterprise and compared enterprise of wipe glass robot is conducted.Based on the strategies of patent design around,various types of patent portfolio are innovated evasively and form all kinds of new conceptual scheme.After the patent evaluation,apply for patent portfolio and complete the further study of complementary patents,competitive patents,supportive patents and extensibility patents and verify the effectiveness of patent design around method and its application model proposed in this paper.