Submitted By: Paul Hu
1, in order to draw lessons from history
Patents in the LED industry strategy, you can refer to a variety of experiences and lessons that have occurred.
For example, Nichia Corporation in the last ten years has been through more than LED litigation, as other companies in the field of LED based technology research and development continue to input the number of patent applications submitted by more and more the number of authorized patents are also increasing and thus Nichia's patent litigation makes the increasing failure rate, resulting in the respective patent and the company reached a settlement. This is still in the majority of Chinese LED industry chain downstream of the LED business, this is a typical success story.
As noted above, the development of Taiwan's LED business process also gives the Chinese mainland China LED companies important lessons on the one hand a lot of money in the United States Much enabling patent, on the other hand still needs a lot of people to foreign patent patent licensing fees, is this not a dangerous precedent, warning LED enterprises in China do not always take follow-type strategy that has been controlled by others.
Another example is the impact of 337 series of cases, etc., many of these cases, will not start in this narrative.
2 to innovation-based
With the continuous growth of LED market, LED enterprises continue to grow, but this will inevitably face two aspects: First, people preferred rovide water for fish Celue foreign patents, patent litigation through to grab a solvent for many years Chinese companies profit; the other is the influx of the growing LED market companies, leading to lower profit margins continue. Meanwhile, the Chinese LED industry, mainly concentrated in the technical level is not high in the downstream industries, small scale enterprises, technology and equipment behind, innovative patented technology from IFC Hexinzhuanli of Zhang Ai, Zhi Zao long-term cost advantage, profit place smaller and smaller.
Therefore, China LED technology innovation enterprises should be strengthened to increase the quantity and quality of patents, patent early-warning capacity training to improve IPR creation, application, protection and management level, thus avoiding the patent barriers to foreign enterprises. Enterprises to apply for patents, can effectively protect and utilize the patented technology. At the same time, you can also abroad on the basis of patented technology, through its core patents to improve and enhance technical effect, and thus its external patent applications, it is also an innovative model to enhance their strength.
On this basis, LED enterprises can deal with according to law and legal proceedings involving intellectual property infringement, and in accordance with the above example, the best Chinese companies to study advanced LED technology, accurately judging market trends, planning to complete the patent application, so as to have access to key patents for the Chinese LED industry occupied the commanding heights LED patent.
For example, an LED company, in different stages of enterprise development, can develop different patent strategies. Patent strategy is best to take the lead in corporate planning strategy, the enterprise technology project before the project began to patent search and found the patent barriers, to avoid patent trap, avoid products with patent rights of others, thus guiding technology through patent research and development planning planning direction. Patent strategy must be carried out, can not focus only quantity regardless of quality, simple patent can never bring the market value for the LED business. Patent strategy is focused on, operators can make a real economic benefits of the patent in order to achieve value for enterprises to bring the patent.
3, the law shall prevail
According to the principle of national sovereignty, national patent laws on patent protection and there are many different specific operations. For example, the interpretation of patent rights, patent protection of the interests and so on, China LED companies avoid patent barriers, should focus on regional patent.
For example, the United States claims to explain the scope of protection around Xianding system, that patent protection entirely by the claims of the text Queding, Bu Nengzuo Kuo Tai explained, was charged with infringement claims Bixuzhongfu reproduction Liao Zhong records of Quanbujishu features, was the view that within the scope of patent protection into. China LED companies can book through the rights demands a clear understanding of the relevant patents to the scope of protection, Bubi for random speculation, so you can focus on product design patent circumvention Kaolv; same time, U.S. law Shuyu case France, the former's sentence case for Hou have a decisive impact, and therefore before the study can be achieved in all cases to circumvent the patent.
In another example, central Europe and China are usually limited by the system, that is in the understanding and interpretation of the scope of the claims, the claims stated in the basic core as the center, can be expanded outward to explain the scope of patent rights is not limited to requirements of the literal meaning of patent protection can provide a wide, this has led to the patent protection boundary is always fuzzy state, according to the claims can not accurately determine the scope of patent protection.
Therefore, not patented in China, LED technology can be directly applied in the domestic market or export to not patent protected.
Moreover, China LED companies need to selected according to the value of the patent application for a patent countries, such as whether the patent application in China only? The need to apply in other countries patent? The need for PCT international patent application by way of? Recommendations China LED business in accordance with its target market, select the appropriate country patent planning and layout, access and quality of patents with a certain amount.
4 to union-based
In summary, the Chinese company's patented power LED is still relatively small, both to external strategy - to buy permits, or to internal strategy - technology innovation, patent applications, we need to spend considerable time and resources to accumulate power; However, the opponents are always in the wings, hard to imagine that they would leave adequate China LED business development time and technology space.
Therefore, in the face of foreign powers, going it alone is definitely not the best way, a better response is, by association or alliance to jointly deal with the establishment of intellectual property infringement and litigation. Specifically, the establishment of a substantial Intellectual Property Alliance, a joint of some domestic enterprises with IPR advantages, including the number of patents and patent management advantages edge enterprises will form China's LED business together an intellectual property cross-licensing alliance so as to avoid Woli Dou.
This basis, also be considered through the development of China's LED product performance standards, appropriate increase LED into the domestic market of the threshold, Zheng Qu achieved through standard specifications and the foreign Qi Ye's patent cross-license.
