When the “patent war” comes, how can companies avoid being helpless?

The patent, two words, is both a weapon of self-interest protection and a "killer" that is horrifying. Think about it today is about the topic of LED patents.

According to foreign media reports on the (19th) day, Seoul Semiconductor Co., Ltd., a Korean LED factory, will launch a "patent war" with no smoke for global lighting, television and other manufacturers, and has already been on the global stage of Taiwan/Land/America/Europe. The company issued an infringement warning. It is understood that Seoul Semiconductor visited 29 companies that were infringed by Seoul Semiconductor for the three-month period from September, and explained the infringement issues, and strongly urged these companies to respect intellectual property rights.

Infringement warnings issued by Seoul Semiconductor include four Taiwanese manufacturers such as Rongchuang (AOT, 3437), 15 mainland manufacturers such as Skywotth, 6 US manufacturers such as Feit, and 3 European manufacturers including LEDVANCE. According to Seoul Semiconductor, Taiwan’s Rongchuang was infringed by Taiwan and South Korean courts as early as 2006, but Rongchuang only changed parts and models and continued to sell infringing goods.

According to reports, Seoul Semiconductor is well known in the IT industry for its ultra-strong attitude toward patents. In 2006, Seoul Semiconductor and the global LED manufacturer Japan Nichia began a patent lawsuit. After three years of fighting, the two parties signed a mutual authorization contract and began to give up. In fact, Nichia is not a fuel-efficient lamp, and it is also called the "black magic" in the LED industry. In recent years, the road to appealing for rights protection has gone further and further, and many patent cases have been provoked by disagreement. Some people have commented that this move has warned the manufacturers of the entire industry and also caused many manufacturers. Worried.

In the past ten years, the semiconductor lighting market has grown rapidly, and LED intellectual property has become the focus of competition in the international semiconductor lighting industry. Throughout the current global LED intellectual property pattern, the core patents of the industry are still dominated by international giants such as Japan, Toyota Synthetic, Cree, Philips and Osram. Therefore, the industry believes that the role of Nichia from the past low-key research has turned into a role of high-profile rights protection, a large part of the reason is that it is not satisfied with the Japanese domestic market, looking at the global semiconductor market share.

new rule

Patent application information or inclusion in "credit record"

The increasing attention and attention of patents is also a good thing. Due to historical reasons, the construction of China's intellectual property system started late. However, after the implementation of reform and opening up, in order to accelerate the development of social productive forces and promote overall social progress, adapt to the needs of the development of the socialist market economy, and promote integration with the world economy, China has already accelerated the pace of building intellectual property protection systems.

It is said that during the "Thirteenth Five-Year Plan" (2016-2020), the realization of patent applications from multi-directional excellence to large-to-strong transformation is the top priority in promoting the development of patents. In this context, the State Intellectual Property Office officially launched the “Regulations on Patent Application Behavior” in August 2016 to regulate some new and more prominent abnormal patent applications in the real world and further improve the quality of patents. A number of regulations" revision work.

According to reports, the reasons for the revision of the "Several Provisions" by the State Intellectual Property Office, from a macro level, the "Several Opinions of the State Council on Accelerating the Construction of Intellectual Property Power in the New Situation" clearly stated that it is necessary to implement the patent quality improvement project and solve the knowledge. The problem of large property rights is not strong, but not superior. In practice, the State Intellectual Property Office issued the “Several Provisions” in 2007, which listed the behaviors of two typical abnormal patent applications and proposed corresponding measures. From the operational level, the implementation of the "Several Provisions" has played a certain role in curbing the abnormal patent application behavior, but in reality, some new and more prominent abnormal patent application behaviors have appeared, which need to be regulated to further enhance Patent quality.

The amendments to the "Several Provisions" mainly include two points. One is to increase the behavior of abnormal patent applications, and the other is to increase the handling measures for abnormal patent applications. In the "Several Provisions", the act of an abnormal patent application involves the filing of multiple patent applications that are clearly identical or clearly copied from existing or existing designs. The new abnormal patent application behaviors that appear in reality mainly include: simply replacing or splicing different materials, components, ratios, components, etc., and submitting multiple patent applications; submitting multiple pieces by fabricating experimental data or technical effects. Patent application; submit multiple patent applications by computer technology to randomly generate product shapes, patterns or colors. In addition, in reality, there are cases where individual units or individuals write and help others to submit abnormal patent applications. Therefore, the modification will help others to submit abnormal patent applications and is also included in the draft for comments.

In order to increase the intensity of crackdown on non-performing patent applications, the "Several Provisions" stipulates six treatment measures for abnormal patent applications. In order to further enhance the deterrent effect, the Exposure Draft strengthens the handling of abnormal patent application behaviors. On the basis of not paying the patent fees and requesting payment, the applicants who submit serious patent applications are not subject to the situation. The patent fee will not be reduced within 5 years from the current year; for applicants who enjoy local subsidies and awards, except for the suggestion that local IP offices do not grant, reward, or recover, it is recommended that they will not be granted for five years from the current year. Funding or reward; for the applicants, agencies or organizations or individuals who help others to submit abnormal patent applications, the relevant information shall be incorporated into the national credit information sharing platform.

Case

Five companies are granted GE's patent license

In recent years, the rapid growth of the domestic LED industry and the development of the international market have become one of the key points of the development of the enterprise. In the process of “going out”, in order to build a more solid patent guarantee, it is necessary to apply for the corresponding patent authorization. According to statistics, there were a number of patent licensing cases in the second half of this year alone, and most of them were GE.

Earlier this month, Sui Jing Optoelectronics Co., Ltd., a new three-board innovation company, announced that it had signed a global patent agreement for the application of LED high color gamut phosphors with GE. After the agreement is signed, Sui Jing Optoelectronics will acquire GE's global application rights for specific key patents in PFS (potassium fluorosilicate, also known as KSF) phosphor technology. Sui Jing Optoelectronics believes that this patented technology can improve the color gamut range of the company's LED products, achieve the same display effect as OLED, and enhance the experience satisfaction of end users. The acquisition of GE's patent license has greatly promoted the company's global market expansion in backlight high color gamut applications, including various sizes of backlights, which will help to further enhance product added value and the company's core competitiveness, and also meet the company's domestic The demand for patents with foreign customers has enhanced the confidence of domestic and foreign customers in the company's products.

Coincidentally, Guoxing Optoelectronics also issued an announcement at the same time, saying that it has signed a patent agreement for the application of KSF (fluoride) phosphors with GE, and officially obtained the patent license for GE's corresponding white LED applications worldwide. National Star R & D personnel said that KSF phosphors are narrower than the half-wave width formed by traditional nitride phosphors, which can effectively form high color gamut products, making LED display images clearer and more colorful. In addition, the KSF phosphor with NTSC 85%-100% color gamut can achieve the color rendering effect of quantum dot TV. Compared with the high cost of quantum dot technology, KSF phosphor technology is more mature, and it is a high color gamut solution that displays the mainstream of the market. It can be applied to products such as National Star white light packaging products and backlight LIGHTBAR.

In fact, on December 5, Jufei Optoelectronics also announced that it had signed the same patent license agreement with the US GE. Under the agreement, the company acquired GE's global application rights for specific key patents in PFS (potassium fluorosilicate) phosphor technology. The patented technology can improve the color gamut range of the company's LED products, achieve the same display effect as OLED, and improve the end user experience satisfaction. The announcement shows that the company currently has core technologies in ultra-thin, low light decay, high color rendering, high reliability, etc., forming more than one hundred patents and proprietary technologies. The acquisition of the GE patent license will enrich the company's high-end products and lay the foundation for the smooth development of the global business.

On June 27, 2016, Ruifeng Optoelectronics and GE signed the KSF Phosphor Application Patent Licensing Agreement, which obtained GE's patent license for KSF phosphor applications worldwide. At the same time, Ruifeng Optoelectronics became the first in China. Received the patented LED packaging manufacturer for KSF phosphor application.

In addition, GE has signed a global patent licensing agreement with Samsung Electronics. Under the agreement, Samsung acquired a specific key patent granted by GE for use as a tool for the production and sale of LED and LED modules. These LED patent licenses include Potassium fluoride silicon (PFS) phosphor technology used in LED backlights for liquid crystal display panels. GE pointed out that the company is already a digital industrial company that will transform the industry's future through new connections through software-defined devices, machines and solutions. At present, GE is carrying out more intellectual property exchanges around the world, and will develop each innovative future into more industrial fields.

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