International big companies are eager for the huge Chinese semiconductor lighting market, making the domestic patent short board being pinched by international giants and constantly applying patent pressure to domestic enterprises.
Patent disputes in the LED industry are nothing new. From chips to packaging to materials, the “patent war†has been accompanied by the development of the entire industry.
Following Taiwan’s LED packaging factory Hong Qi in the United States accused the LED industry of “Big Mac†Ke Rui wins the case, another four-year, weak and strong patent litigation – China Taiwan LED Enterprise Yiguang Electronics Industry Co., Ltd. VS Japan Nichia Chemical Industry Co., Ltd. also recently got the latest results. The US District Court for the Eastern District of Michigan decided to lose the case because the two patents of Nichia Chemical were not creative and not enforceable.
The result of this patent litigation has caused a lot of shock in the industry. The success of Everlight Electronics is of great significance to domestic related companies. How to improve the independent research and development, promote industrial upgrading and actively carry out patent distribution has become a hot topic in the industry while domestic LED companies are expanding their markets.
Recently, the Ministry of Industry and Information Technology and the State Intellectual Property Office jointly held the "Intellectual Property Intellectual Property Classroom", experts from the field of intellectual property focused on the theme of "the rapidly developing intellectual property strategy of the semiconductor lighting industry" At the forefront of industrial development, combined with typical cases, the intellectual property solutions of the semiconductor lighting industry were discussed.
Face patent litigation or will become the norm <br> <br> data show that in 2014, the overall size of China's semiconductor lighting industry grew by 36%. Among them, 24 LED companies with LED as their main business have a total annual sales of 30 billion yuan, a year-on-year increase of 24%, and total profit of 4.5 billion, an increase of 32%. Under the background of the overall slowdown in the growth of the electronic information industry, the rapid growth of the semiconductor lighting industry reflects its development prospects as a sunrise industry.
However, the fast-growing LED industry is also facing a continuing situation in patent litigation. 2014 can be said to be a year of high patent litigation in the semiconductor industry. Including Dow Corning's patent infringement lawsuit against Commet, Cree and Hongqi, and Jintai Electronics' patent infringement lawsuit involving white LED technology. The industry believes that due to the late start of domestic related enterprises, there is still a certain gap between the accumulation of patents and foreign countries. In the context of increasingly fierce competition in the LED market, it will become the norm for Chinese companies to encounter patent litigation.
In fact, for domestic LED companies, “going out†will inevitably face patent problems. Foreign giants have long used intellectual property as a weapon to exclude competitors from the market through the distribution of patents, thereby obtaining monopoly profits.
The patent layout needs to be raised . The patent disputes in the LED industry are nothing new. From chips to packaging to materials, the “patent war†has been accompanied by the development of the entire industry.
As a strategic emerging industry with key developments in various countries, the semiconductor industry is a patent-intensive industry. "From the perspective of the distribution of technology, the patent applications submitted by domestic enterprises are mainly concentrated on application and packaging. The upstream chips and raw materials in the industrial chain are shortcomings of domestic enterprises. The global LED core technology is from large enterprises such as Japan and the United States. Control, almost covering the entire segment of the epitaxial chip and manufacturing, product application, and cross-licensing patents. The director of the Electronic Information Department of the Ministry of Industry and Information Technology said.
With the in-depth implementation of the "Made in China 2025" and "Internet +" action plans, the development of the "One Belt, One Road" national strategy provides an opportunity for China's semiconductor lighting companies to expand to a broader overseas market with cost advantages. At the same time, international large enterprises are also coveted by the huge Chinese semiconductor lighting market, which makes the domestic patent short board be pinched by international giants and constantly exerts patent pressure on domestic enterprises.
In the face of rare development opportunities and severe development situation, Lei Xiaoyun, director of the Patent Administration Department of the State Intellectual Property Office, said: "The semiconductor lighting industry should develop to a higher level of competition, and the underlying patent layout structure needs to be supported. In terms of content or quality, our company still has a lot of room for improvement in the layout of intellectual property."
Make full use of patent information in the "Navigator" role <br> <br> whether Taiwan Everlight LED company Nichia Chemical of Japan's long-term patent disputes, or Hong Qi and Career "great whales Shrimps of" rights-style attack style Let us see the important position of intellectual property in the competition of semiconductor lighting market. How do domestic LED companies actively develop patents while exploring the market?
In the view of Chen Yan, director of the State Intellectual Property Office and the Intellectual Property Research Center, in addition to strengthening independent research and development and storing “patent musclesâ€, domestic LED companies should pay attention to them and strengthen the analysis of patent information to give full play to the “navigation†of applying patent information. Features.
If the basic status and resource conditions of the enterprise are compared to the “A land†in the navigation, then “B†is the scale of the enterprise to be developed. How can I get to "B" quickly and smoothly?
"Using patent intelligence to analyze the status quo of the industry, R&D investment decisions, risk assessment, technology context, product positioning, and technical blanks can help companies fully understand the status quo, key technologies, and technology life cycles of patented technologies in related technologies." Chen Yan said, “Putting and analyzing patent information before product development or investment can avoid mistakes in decision-making; patent analysis in research and development can avoid the technical traps of existing patents in a timely manner, and find patent avoidance and innovative design as soon as possible; After the research and development, the patent analysis can track the development of relevant technologies, understand whether the infringement, the degree of infringement and the infringing object are as early as possible, and prepare the response strategy as soon as possible."
In Chen Yan's view, when domestic LED companies apply for patents, they should not only treat patents as a piecemeal point, but rather form a network to build a patent "pond" to prevent their patents from becoming "islands." At the operational level, it is necessary to apply for patents of different types and different points for the technology and products of the enterprise to form a comprehensive protection. At the same time, we always pay attention to the patent information of competitors. When important patents come out, we must cross the layout with the latest patents and carry out secondary innovation to form peripheral patents. If necessary, it is necessary to conduct patent acquisitions in a timely manner.
Adopting the correct strategy to actively respond to the patent battle LED high-end high-refractive-packaged silicone industry, the Japanese company Dow Corning v. the domestic enterprise Commet infringement case entangled for nearly one year. The patent war on the attribution of innovative research and development results was finally settled on May 18. The Patent Reexamination Board of the State Intellectual Property Office officially issued a document stating that the patents of Dow Corning were invalid.
This lawsuit is also a typical case of domestic LED companies actively responding to patent litigation by multinational corporations. Before 2010, more than 75% of the LED high-end high-refractive-package silicone industry market share was occupied by Dow Corning and another multinational company. With its self-developed products, Commet not only quickly opened up this monopoly market, but also a group of internationally renowned companies took the initiative to contact Commet and reach a cooperation intention.
"The tiger's mouth to eat" will naturally not be smooth sailing. At the same time as the rise of Commet, a storm and baptism is gradually approaching. In April 2014, Dow Corning sued Commet for the court, claiming that Commet's phenyl-containing high-refractive silica gel sold on the market infringed its patents.
In the “Large Lecture Hallâ€, Jiang Ying, President of the Beijing Intellectual Property Tribunal, used this as a case study to suggest that domestic companies should not only adjust their mentality, but also actively respond to the lawsuits from multinational corporations. Strategy can be successful in the patent war.
"This is a case in which the infringement defense was successful by declaring the other party's patent invalid. In patent infringement cases, this strategy is a common strategy in litigation." Jiang Ying said that before the product was put on the market, the patent search well-done.
However, in the analysis of this case, industry experts pointed out that although Commet eventually won the patent war, but "play" invalid should be before the product enters the market, and can not wait until the other party sue you for infringement, then go " Invalid."
Patent disputes in the LED industry are nothing new. From chips to packaging to materials, the “patent war†has been accompanied by the development of the entire industry.
Following Taiwan’s LED packaging factory Hong Qi in the United States accused the LED industry of “Big Mac†Ke Rui wins the case, another four-year, weak and strong patent litigation – China Taiwan LED Enterprise Yiguang Electronics Industry Co., Ltd. VS Japan Nichia Chemical Industry Co., Ltd. also recently got the latest results. The US District Court for the Eastern District of Michigan decided to lose the case because the two patents of Nichia Chemical were not creative and not enforceable.
The result of this patent litigation has caused a lot of shock in the industry. The success of Everlight Electronics is of great significance to domestic related companies. How to improve the independent research and development, promote industrial upgrading and actively carry out patent distribution has become a hot topic in the industry while domestic LED companies are expanding their markets.
Recently, the Ministry of Industry and Information Technology and the State Intellectual Property Office jointly held the "Intellectual Property Intellectual Property Classroom", experts from the field of intellectual property focused on the theme of "the rapidly developing intellectual property strategy of the semiconductor lighting industry" At the forefront of industrial development, combined with typical cases, the intellectual property solutions of the semiconductor lighting industry were discussed.
Face patent litigation or will become the norm <br> <br> data show that in 2014, the overall size of China's semiconductor lighting industry grew by 36%. Among them, 24 LED companies with LED as their main business have a total annual sales of 30 billion yuan, a year-on-year increase of 24%, and total profit of 4.5 billion, an increase of 32%. Under the background of the overall slowdown in the growth of the electronic information industry, the rapid growth of the semiconductor lighting industry reflects its development prospects as a sunrise industry.
However, the fast-growing LED industry is also facing a continuing situation in patent litigation. 2014 can be said to be a year of high patent litigation in the semiconductor industry. Including Dow Corning's patent infringement lawsuit against Commet, Cree and Hongqi, and Jintai Electronics' patent infringement lawsuit involving white LED technology. The industry believes that due to the late start of domestic related enterprises, there is still a certain gap between the accumulation of patents and foreign countries. In the context of increasingly fierce competition in the LED market, it will become the norm for Chinese companies to encounter patent litigation.
In fact, for domestic LED companies, “going out†will inevitably face patent problems. Foreign giants have long used intellectual property as a weapon to exclude competitors from the market through the distribution of patents, thereby obtaining monopoly profits.
The patent layout needs to be raised . The patent disputes in the LED industry are nothing new. From chips to packaging to materials, the “patent war†has been accompanied by the development of the entire industry.
As a strategic emerging industry with key developments in various countries, the semiconductor industry is a patent-intensive industry. "From the perspective of the distribution of technology, the patent applications submitted by domestic enterprises are mainly concentrated on application and packaging. The upstream chips and raw materials in the industrial chain are shortcomings of domestic enterprises. The global LED core technology is from large enterprises such as Japan and the United States. Control, almost covering the entire segment of the epitaxial chip and manufacturing, product application, and cross-licensing patents. The director of the Electronic Information Department of the Ministry of Industry and Information Technology said.
With the in-depth implementation of the "Made in China 2025" and "Internet +" action plans, the development of the "One Belt, One Road" national strategy provides an opportunity for China's semiconductor lighting companies to expand to a broader overseas market with cost advantages. At the same time, international large enterprises are also coveted by the huge Chinese semiconductor lighting market, which makes the domestic patent short board be pinched by international giants and constantly exerts patent pressure on domestic enterprises.
In the face of rare development opportunities and severe development situation, Lei Xiaoyun, director of the Patent Administration Department of the State Intellectual Property Office, said: "The semiconductor lighting industry should develop to a higher level of competition, and the underlying patent layout structure needs to be supported. In terms of content or quality, our company still has a lot of room for improvement in the layout of intellectual property."
Make full use of patent information in the "Navigator" role <br> <br> whether Taiwan Everlight LED company Nichia Chemical of Japan's long-term patent disputes, or Hong Qi and Career "great whales Shrimps of" rights-style attack style Let us see the important position of intellectual property in the competition of semiconductor lighting market. How do domestic LED companies actively develop patents while exploring the market?
In the view of Chen Yan, director of the State Intellectual Property Office and the Intellectual Property Research Center, in addition to strengthening independent research and development and storing “patent musclesâ€, domestic LED companies should pay attention to them and strengthen the analysis of patent information to give full play to the “navigation†of applying patent information. Features.
If the basic status and resource conditions of the enterprise are compared to the “A land†in the navigation, then “B†is the scale of the enterprise to be developed. How can I get to "B" quickly and smoothly?
"Using patent intelligence to analyze the status quo of the industry, R&D investment decisions, risk assessment, technology context, product positioning, and technical blanks can help companies fully understand the status quo, key technologies, and technology life cycles of patented technologies in related technologies." Chen Yan said, “Putting and analyzing patent information before product development or investment can avoid mistakes in decision-making; patent analysis in research and development can avoid the technical traps of existing patents in a timely manner, and find patent avoidance and innovative design as soon as possible; After the research and development, the patent analysis can track the development of relevant technologies, understand whether the infringement, the degree of infringement and the infringing object are as early as possible, and prepare the response strategy as soon as possible."
In Chen Yan's view, when domestic LED companies apply for patents, they should not only treat patents as a piecemeal point, but rather form a network to build a patent "pond" to prevent their patents from becoming "islands." At the operational level, it is necessary to apply for patents of different types and different points for the technology and products of the enterprise to form a comprehensive protection. At the same time, we always pay attention to the patent information of competitors. When important patents come out, we must cross the layout with the latest patents and carry out secondary innovation to form peripheral patents. If necessary, it is necessary to conduct patent acquisitions in a timely manner.
Adopting the correct strategy to actively respond to the patent battle LED high-end high-refractive-packaged silicone industry, the Japanese company Dow Corning v. the domestic enterprise Commet infringement case entangled for nearly one year. The patent war on the attribution of innovative research and development results was finally settled on May 18. The Patent Reexamination Board of the State Intellectual Property Office officially issued a document stating that the patents of Dow Corning were invalid.
This lawsuit is also a typical case of domestic LED companies actively responding to patent litigation by multinational corporations. Before 2010, more than 75% of the LED high-end high-refractive-package silicone industry market share was occupied by Dow Corning and another multinational company. With its self-developed products, Commet not only quickly opened up this monopoly market, but also a group of internationally renowned companies took the initiative to contact Commet and reach a cooperation intention.
"The tiger's mouth to eat" will naturally not be smooth sailing. At the same time as the rise of Commet, a storm and baptism is gradually approaching. In April 2014, Dow Corning sued Commet for the court, claiming that Commet's phenyl-containing high-refractive silica gel sold on the market infringed its patents.
In the “Large Lecture Hallâ€, Jiang Ying, President of the Beijing Intellectual Property Tribunal, used this as a case study to suggest that domestic companies should not only adjust their mentality, but also actively respond to the lawsuits from multinational corporations. Strategy can be successful in the patent war.
"This is a case in which the infringement defense was successful by declaring the other party's patent invalid. In patent infringement cases, this strategy is a common strategy in litigation." Jiang Ying said that before the product was put on the market, the patent search well-done.
However, in the analysis of this case, industry experts pointed out that although Commet eventually won the patent war, but "play" invalid should be before the product enters the market, and can not wait until the other party sue you for infringement, then go " Invalid."
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