How a New Technology Bypassed Patent Barriers

The case study explores how a new laser marking technology can be developed through technical optimization, patent retrieval analysis, and innovative design, while avoiding infringement of existing patents.The content includes an analysis of the current patent landscape, advice on technology paths, and legal risk prevention. The program provides manufacturing enterprises with practical solutions.

Why is it so important to get around the patent wall?

Recently, I've been meeting a lot of friends who do metal processing, and they're all complaining about the same thing: They've just developed a new laser marking machine, but before they can even begin mass production, they're told they may be infringing on a patent held by some multinational corporation.Now they have to deal with legal disputes and also adjust their technical plans. The time and money involved is a real drain.This is actually a very common situation in manufacturing. The core patents for laser marking, such as wavelength control and energy regulation, are mostly held by the giants in the industry, so new players need to find some "tricks" to get into the game.

Three steps to breaking the patent deadlock.

Know what patents your competitors hold.

Don't rush to reinvent the wheel. Use a patent database (such as the websites of Baiten or Smartyip) to map out the patent landscape in the area you are targeting.The focus should be on the scope of protection, particularly on the technical characteristics described with terms such as "including" and "limited to.One of our customers, a firm that makes laser engraving machines, found that a core patent only protected applications using a 1064nm wavelength. By using a 532nm wavelength, they successfully circumvented the restrictions.

In terms of technological details, it was a minor innovation.

Existing patents often protect specific implementations rather than overall principles.For example, if a patent protects a scheme that "regulates laser power through a temperature sensor in real time," we can use an optical sensor to monitor changes in the reflectivity of the material's surface to achieve the same effect.Last year, when helping a medical equipment company to upgrade its marking equipment, we were able to break through a patent barrier by adjusting the laser pulse interval (changing from continuous output to a 0.1ms interval).

They are building up a moat of patents around themselves.

While avoiding others 'patents, don't forget to apply for a utility model or patent for your own innovations.It focuses on protecting key parameters for laser processing (such as the combination of a specific material, laser frequency, laser power, and scan speed), new optical path designs, and other specific implementation details.One ceramics firm, for example, has patented a cooling system for laser marking, and thus gained a technological advantage.

Don't step in those holes.

The most regrettable case I have encountered is one where a company spent half a year developing an alternative solution, only to be sued for infringement because it failed to do an FTO (freedom to operate) analysis. As it turned out, the cooling structure the company used happened to fall within the scope of protection of a peripheral patent.It is recommended that three rounds of checking be conducted before a final design is settled on: a search for the basic design, a search for improvements to the basic design, and a comparison of the final design to any patents that may have been found.If you can't figure it out on your own, it's well worth the money to pay a patent attorney to do a thorough investigation.

A flexible and adaptable approach to real-life situations.

In the most recent successful example, a team used a "technological combination punch" to break through. They combined a cooling solution, a light path design, and a control algorithm, all of which were not part of the same patent family.Another shortcut is to keep an eye on patents that are about to expire. For instance, a German company's patent on laser modulation will expire this year. Companies that have already laid the groundwork for alternative solutions to the problem are now ready to capture the market.