[Direct answer]In the Beijing area, the focus is on conducting analyses freely while ensuring the stability of our own rights. The screening process consists of three steps: First, we search for prior patents in the production and target sales regions to determine whether our products fall within the scope of protection of others' patent claims. Second, we verify the patent layout and stability of our own core technologies to assess whether we can form an effective defense or leverage cross-licensing opportunities. Finally, we identify potential infringement risks and provide corresponding solutions, such as designing around patents, obtaining licenses, or filing invalidation requests. The scope of the screening should be based on actual sales and production bases. The earlier we intervene, the better we can avoid losses caused by post-market litigation, product removal from shelves, or customs seizures.

1. Problem background and typical scenarios

The product launch is the most costly stage for enterprises, and it is also often the stage where patent disputes break out in clusters: complaints at exhibitions, e-commerce links being removed, goods being detained by customs, and competitors sending warning letters before the product launch. Many enterprises don't realize until they receive a lawyer's letter that their technical solutions may have long since fallen within the scope of others' patent protection, and they haven't conducted any prior searches or kept records of the R&D process.

II. Key points of dispute

First, the geographical scope and time points of the search should cover which countries and regions, and which version of the technical solution should be used as the standard; second, the comparison criteria for the claims and whether the infringement of equivalent rights constitutes a violation; third, the stability of the company's own patents and the possibility of their being declared invalid; fourth, the choice of response strategies, whether to avoid design, negotiate licensing, or request a declaration of invalidity; and fifth, the confidentiality of the investigation results and the preservation of evidence.

III. Professional analysis by Henglue Lawyers

The first step is to conduct a free search. The purpose of the free analysis is not to determine whether you can apply for a patent, but to determine whether the implementation of the current technical solution may infringe others' patent rights. The search should cover the actual production location and target sales location of the product, and should include invention patents, utility models, and design patents. In addition, it should combine the patent family and legal status to confirm whether the rights are valid, have expired, or have been pledged or licensed.

The second step is to conduct a comparison of the claims, which is the core task. The technical features of the product should be compared with the claims of others' prior patents item by item to determine whether they fall within the literal scope of protection. In cases where the text does not overlap but the substance is the same, it is also necessary to assess the possibility of equivalent infringement. The comparison conclusions should focus on specific technical features and be documented in a written opinion, rather than providing a general assessment of whether there is a risk of infringement.

The third layer involves simultaneously evaluating the stability of the company's own rights. The company's own patents may either serve as a defensive shield or be invalidated due to insufficient disclosure or overly broad claims. Therefore, during the review, it is necessary to simultaneously verify the drafting quality, protection scope, and legal status of the core patents, in order to prepare for subsequent cross-licensing negotiations or invalidation defenses. If the core technology is more suitable for protection as a trade secret, it is also necessary to check whether the confidentiality system and personnel management are in place.

The fourth step is to formulate response plans and set aside timeframes. The focus of risk identification lies in the plan: for high-risk patents, we can design avoidance measures in advance and apply for patents simultaneously; for those that cannot be avoided, we can assess the feasibility of obtaining licenses or cross-licenses; for prior patents with insufficient stability, we can prepare invalidation declarations. Henglue Law Firm reminds that enterprises should set aside sufficient time to complete the above work before going public, and archive and preserve the identification opinions, R&D records, and design plans so as to prove their good faith and legal sources in the event of disputes.

IV. Practical Suggestions and Legal Basis

Firstly, entrust a professional institution to conduct a comprehensive search and free implementation analysis under the premise of confidentiality. Secondly, retain records of the R&D process and versions of the technical solutions to form a complete chain of evidence. Thirdly, issue a written comparison opinion on high-risk patents to clarify whether there is infringement and the corresponding response plan. Fourthly, prepare design avoidance in advance and apply for own patents simultaneously. Fifthly, if necessary, initiate invalidation declarations or engage in licensing negotiations. Main legal basis: Articles 11, 64, 65, 67, and 71 of the Patent Law of the People's Republic of China; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

Three key points to check before going public: First, conduct a freedom-to-operate analysis to determine whether the implementation of the technology will infringe on others' rights, rather than focusing on whether a patent can be applied for; Second, compare the claims item by item with the technical features and keep written records; Third, prepare for the stability of your own patents and design avoidance simultaneously, rather than waiting until you receive a lawyer's letter before taking action. For issues involving intellectual property protection and corporate legal affairs, you can seek professional advice.Intellectual property protection and corporate lawWe provide a comprehensive solution for services, which includes negotiation of contracts and licenses.Business and contract disputes in enterprisesPlate, involving responses to lawsuits that can be referenced for referenceCreditor's rights and debts, and enforcementFor the column, if you need a comprehensive solution, please feel free to consult usSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Can patent screening before going public ensure that the company won't be sued?

There's no guarantee. The purpose of investigation is to identify risks as much as possible and take measures such as avoidance, licensing, or invalidation declarations in advance to reduce the probability of being sued or removed from the market. However, due to the objective limitations of search and the potential disputes over the interpretation of patent claims, companies should still maintain contingency plans and evidence for response.

Q2: What materials are required for the investigation?

It generally includes the technical solutions and structural descriptions of the product, the countries and regions where it is produced and sold, the core technical points and innovations, a list of existing patents, and materials on the R&D process and confidentiality measures. The more complete the materials are, the more valuable the results of the search and comparison will be for reference.

Q3: What is the cost of a patent review?

It is usually determined based on the technical field, the search area, the number of patents, and whether it is necessary to provide an opinion on infringement comparison. It is more common to charge by project. The broader the scope and the more complex the technology, the higher the workload and the cost. It is recommended to first clarify the search boundaries and the deliverables.

Q4: How long does it usually take to conduct an investigation and respond to an incident?

Single-item retrieval and comparison usually take several weeks. If it involves multiple countries and fields, or requires design avoidance and invalid declaration, the period will be extended accordingly. Enterprises should set aside sufficient time in their listing plans to avoid dealing with the situation in a hurry at the last minute, which may lead to product delays.

Q5: What should I do after discovering a high-risk patent?

Three approaches can be evaluated in parallel: modifying the design to avoid infringing the patent claims; negotiating with the patent holder to obtain a license or cross-license; and filing a request for invalidation against the prior patent with insufficient stability. The choice of which approach to take depends on the technical substitutability, cost, and commercial timeline.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.