At the beginning of 2018, the magazine launched a special plan to review the hot topics in the field of patents in 2017, hoping to bring readers the thinking and inspiration.
Artificial intelligence: usher in big development
Today, many products in people's lives have been given the title of 'smart', such as smart home and smart wearable products. Industry, domestic and international technology giants have all laid out artificial intelligence, and start-ups are flourishing all over the world. , In the field of artificial intelligence and the various segments of the industry make a difference.
Artificial intelligence is not an industry, but a brand-new world entered by mankind through technology development, when a company is less likely to be dominating, it is an inevitable result that all walks of life should create an ecology together.For example, Google's advantage lies in the informatization of data Integration, Intel is more focused on modular solutions.And these focused businesses, in order to get a breakthrough in the field of artificial intelligence, we must expand their business areas.
The development of artificial intelligence in our country benefits from the development of the Internet industry, especially in the fields of e-commerce and mobile payment, etc. It should be noted that artificial intelligence is based on big data and algorithms, while China's big data Level of data storage is still lagging behind the countries in Europe and the United States, China's database structure and management capabilities compared with foreign countries there is still a big gap between the underlying artificial intelligence technology are mostly mastered in the hands of foreign companies.
Although foreign enterprises occupy the core technical advantages in the field of artificial intelligence, thanks to the huge market, the enterprises and products in our country have witnessed rapid development in practical applications.At present, voice interaction and image recognition are the rapid development of artificial intelligence in China Two technical areas.
Artificial intelligence technology itself, like Android, has taken an open source strategy.Industry experts believe that these underlying technologies are generally in the hands of the industry giants, the number of patents does not appear sharp fluctuations.However, when the practical application of artificial intelligence , There will be massive growth in the number of related patent applications, for example, when artificial intelligence is combined with different industries such as education, healthcare, entertainment, travel, home, etc., when different algorithms are combined to create new technical effects and artificial intelligence applications The number of patents will be explosive growth.
The all-round development of artificial intelligence has brought unprecedented opportunities to enterprises in the world's scientific and technological frontiers. According to the report of CB Insights, a market research firm, nearly 140 AI start-ups were acquired from 2011 to 2016, In the first quarter, there were more than 30 mergers and acquisitions cases, doubling the same period in 2016. Among them, Google was the most active in the AI acquisitions. In addition, companies such as Microsoft and Amazon were fiercely contending for patent applications in artificial intelligence .
In this regard, experts said that science and technology giant in order to snatch talent, expand business areas, layout business ecology, acquisition of artificial intelligence business is an inevitable choice.China's artificial intelligence field start-up companies take this technology revolution express train, you also need to do Good patent layout, 'fully armed' to meet the arrival of artificial intelligence.
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Many entrepreneurs often say: 'Our market is not doing well, the patent first wait.' In fact, this is a typical strategic mistake.A technology company's most important value is reflected in its core technology and patents, In the field of artificial intelligence, do not pay attention to the patent layout is tantamount to 'streaking.' China's related enterprises in this field also need to make the patent layout, keep up with the global trend of development of artificial intelligence. (Intellectual Property reporter Chen Jie)
Smart cars: build a new ecology
In 2017, four Alfamba smart-driving buses were commissioned on the open road in Shenzhen, attracting widespread attention. For a time, autonomous driving technology has once again become the hot topic of discussion. In fact, in recent years, the development of smart cars has become global The consensus of the automotive industry, the global patent applications for smart cars is rapidly increasing, many car companies in the field of automatic driving technology accumulated deep, many technology giants and Internet companies also car technology into the industry.
In the field of smart car technology, autonomous driving technology and car couplet technology are two major branches of technology.In recent years, the global patent applications for smart cars have shown a steady upward trend and have entered a period of rapid development since 2011. The basic trend of China and the global development In line with the regional perspective, China, the United States, Japan, Germany, and South Korea are the major sources of technology for smart vehicles in the world and are also the key areas for the layout of smart cars.
As a well-deserved leader in the field of smart cars, Google has already started patent deployment.On the one hand, Google has taken a patent-balanced layout strategy, patents covering a wide range of technologies, both route planning guidelines, positioning technology, location services, consulting services and other vehicles Technology, obstacle detection, driving mode switching, lane detection and other automatic driving technology, has formed a tight core and peripheral patent layout.On the other hand, Google has taken the leveraging of the layout strategy, not only based on their own in the third generation of no Patented driving force technology, multi-level cooperation with the upstream and downstream of the industry chain, to strengthen their own autopilot technology, but also with the Audi, General Motors, Honda, Hyundai, Bosch and NVIDIA jointly formed the Open Car Alliance.In addition, Google is also active Undertake horizontal cooperation in the development of car networking with 'Android Auto' vehicle system as the carrier and map data as the core.
It is understood that at present, China's field of automatic driving technology research and development are mainly focused on 'stability, line maintenance, cruise' 'different types of vehicle joint control' 'road condition detection' and so on, Chery Automobile, Zhejiang Geely Holding, Jilin University, Baidu, Beiqi Foton ranked top in the number of patent applications in the car networking, technology research and development focus on traffic control, program control, navigation, digital information transmission equipment, etc., of which Southeast University, Chery Automobile, State Grid, Chang'an Automobile, Chinese Academy of Sciences Top patent applications.
Many traditional automobile giants in China relied on the patent advantages accumulated over the years and started various forms of patent operation.In addition to the frequently used patent licenses, in recent years, auto patent mergers and acquisitions have been active in the automobile industry. Many car companies spend huge amounts of money on corporate mergers and acquisitions, Is the sword of each other's patents.In addition, the formation and accession to the patent fund or patent alliance, open the patent, but also a lot of automotive giants new choice of patent operations.
Industry experts believe that at present, the automobile manufacturing industry chain is from a vertical single structure into a network of collaborative innovation.Traditional car prices in the field of automatic driving technology has accumulated deep, Internet companies car technology into the industry, strong explosive, smart car industry ecology Is building.While vehicle manufacturers rely on data accumulation and channel advantages, still occupy the leading position, but at the same time, Internet companies are accelerating the reconstruction of industrial ecology, a new industry-led.
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In the face of the reconstruction of ecological environment and competition pattern of auto industry, relevant car companies in China also need to seize the patent high ground, patent the innovation achievements, combine patent rights, and patent Leveraged layout By accurately deploying patents on the key nodes of the smart car industry, companies can control their patents and control the technology chain and eventually achieve the leverage effect of controlling the industrial chain (IPR reporter Chen Jie)
Blockchain: all parties busy 'enclosure'
A few years ago, I heard that there were not many people who used the blockchain technology and few were able to understand the digital currency relationship with bitcoin, etc. But by 2017, blockchain technology has gone from behind the scenes Before becoming a wave of technology sweeping the Internet has aroused widespread concern of government departments, financial institutions and Internet companies.
In 2017, the People's Bank of China formally established the Digital Currency Research Institute and actively explored the technology of blockchain. The China Blockchain Research and Application Center (Shanghai) was formally inaugurated to accelerate the practical application and development of blockchain technology in China. The industrial and Ministry of Information Industry released the first blockchain standard "blockchain reference architecture"; Tencent released the blockchain white paper, designed to create a win-win blockchain ecosystem.The reason why blockchain technology so popular, thanks to its Distributed high redundancy storage, timing data and can not be tampered with and fake, to the center of credit and so on.
Some experts pointed out that as more and more start-ups and financial institutions began to test the commercial use of blockchain technology, the patent gradually became a problem that must be considered.
According to the latest research results of the Intellectual Property Center of China Information and Communication Research Institute (hereinafter referred to as "ICT Institute"), in recent years, many investment projects both at home and abroad are focusing on the technology of blockchain. Block patent applications on the blockchain continue to grow rapidly. As of 2017 In August, the number of patent applications and utility model patents in the blockchain globally reached more than 1,200, with 995 after the merger of same-family patents. The main applicants were concentrated in the United States, China, Japan, etc. It is generally accepted in the industry that blockchain Technical patent applications in the future will continue to show rapid growth.
At the same time, with the continuous development of blockchain technology and the continuous accumulation of patent applications, domestic and foreign innovators have begun to try to apply this technology to different scenarios, such as negotiable instruments and private equity transactions, as well as the Internet of things, e-government And other non-financial organic integration.
With the continuous expansion of the application scenarios of the blockchain, the multi-step involvement of the industrial chain and the continuous accumulation of patent reserves, it will inevitably lead to intensified market competition.Experts believe that according to the existing patent layout trends and market development, China and In the United States, where potential blockchain patent lawsuits occur, experts advise that the open-source technology in the area of blockchain does not mean that there is no need for patent protection. At present, many leading open source companies actively promote open source while on the move Submitted a large number of Blockchain patent applications, related businesses in China should also layout blockchain patents as soon as possible in order to occupy a place in the future competition (IPR reporter Hu Shuyang)
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In recent years, the hot development of blockchain technology has gradually become the mainstream of innovative technologies in the field of finance, etc. Exploration of a series of applications around the technology such as internet of things and smart medical services is also in full swing.At present, more and more enterprises and individuals Starting to submit patent applications related to the blockchain, many enterprise giants are also staking their names on the application of the blockchain scene.In this case, the main body of innovation in China needs to further enhance the awareness of risk prevention of intellectual property and guard against the patent dispute. IPR reporter Hu Shuyang)
Flexible screen: to create 'good body'
As the smart phone 'face', human-computer interaction window, the importance of mobile phone screen is self-evident.Nowadays, equipped with flexible screen has become the trend of the development of smart phones.
Compared with the traditional LCD, OLED (organic light-emitting diode) screen with wide viewing angle, low power consumption, high contrast, high reaction rate, colorful and many other advantages, in addition, it also has thin thickness and bendable. At present, the curved screen and the folding screen made by using this feature are being further developed.
Samsung launched the world's first curved screen phone, the Galaxy Round, in 2013 with a slightly recessed screen and the machine was also designed as a sunken shape. In 2015, Samsung continued to work on curved screen phones , The launch of the Samsung S6 Edge once enhance the 'smart value' of the entire smartphone industry. Domestic handset manufacturers such as vivo, Huawei and Xiaomi also started to enter the market.
In addition, 'black technology' plus the folding screen mobile phone has come into reality: It is revealed that Samsung will be officially released in early 2018 a sense of full-fledged folding screen mobile phone Galaxy X. ZTE has been officially released in New York in the United States in 2017 Folding smart phone ZTE secret Axon M, the machine is equipped with two screens, and at the same time has two forms: the normal form of two independent operation of the screen, expand to get a big screen.
In the field of flexible screen, Samsung can be described as the champion.From 2007 to 2017, Samsung's screen in the field of cumulative production has exceeded 1 billion, accounting for 39% of the current smart phone market share of the market must open up the patent As early as 2012, Samsung and LG started a patent contest, LG first sued Samsung's five products, including the Galaxy S series of smart phones and Galaxy Tab Tablet PC infringement of their OLED patent; then , Samsung filed another lawsuit against LG Corp. demanding that the court ruled that the latter would invalidate the seven patents surrounding the OLED panel technology and, finally, both handshake after 11 months.
Flexible screen industry chain is divided into upstream raw materials, mid-panel and module assembly and downstream display applications, including the upstream material manufacturing industry chain technology is the core, there is a high patent barriers, the relevant technology mainly in the hands of Japanese and Korean enterprises. , Related companies are accelerating OLED patent layout.As of the end of 2016, the global OLED applications in the field has reached 86,000 pieces of patent applications, the top 15 patent applicants include 11 Japanese companies, 2 South Korean companies and 2 Chinese enterprises.Japanese companies occupy an absolute advantage, South Korea's two companies Samsung and LG companies occupy the top two rankings, the application volume were 8300 pieces and 5200 pieces respectively.And our country only ocean King and BOE both companies ranked in the 4th and 14th, respectively, which shows that Chinese enterprises are stepping up their research and development in this field, but there is still a certain gap compared with Japanese and Korean enterprises.
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Although China's OLED industry started late, the industrial chain is still not perfect, the upstream links are weak, but at present domestic enterprises are accelerating the pace of technology catch-up, such as BOE is about to mass production of flexible screen, China Star Optoelectronics, Tianma Microelectronics and other domestic enterprises are also Facing the great opportunity for the development of flexible screens, relevant domestic enterprises should not overlook the layout of patents and should hold patents to win more market competition while breaking through technical barriers and building capacity. (Intellectual Property Reporter Chen Jie)
5G standard: Prepare 'forage'
5G technology has not yet been commercially available, patent licensing fees related companies have been released in advance.In 2017, the Swedish communications giant Ericsson announced its 5G patent licensing fee, which is the first public communication 5G patent license fee.At present, the world's major Communications vendors are jointly promoting the formation of the next generation of communications technology standards, the official commercial 5G is expected to be around 2020.
It is understood that, for high-end handheld devices, Ericsson 5G patent license fee set at 5 US dollars each; for low-end handheld devices, patent licensing fees as low as 2.5 US dollars each. 'We hope that by setting a reasonable open price, To provide reference to holders and businesses of other patents. "The official responsible for Ericsson said the patent licensing price was set based on two main factors: on the one hand, Ericsson follows the FRAND terms (fair, reasonable, non-discriminatory ); On the other hand consider the identity of Ericsson as one of the standard essential patent developers.
This news came out, aroused widespread concern in the industry.Many people are asking, 4G network in the ascendant, and now the development of 5G technology patent license rates, is not too early? Industry experts believe that, in fact, not too early. Patent licensing negotiations generally take a long time, although the 5G until 2020 or so will be commercially available, but the relevant telecommunications companies have to negotiate with the major mobile phone manufacturers in advance licensing negotiations before the telecommunications companies naturally have to develop a more perfect Program.
Now, in the 5G technology standard formulation process, the corresponding technical programs are gradually forming.Huawei, ZTE and other companies to actively participate in the formulation of 5G international technical standards of the news is now more shows that the strength of China's telecommunications enterprises.In addition, Qualcomm , Apple and other enterprises have also been in the field of 5G layout, trying to seize the market opportunities in the new generation of mobile communications technology, the relevant patent layout of enterprises are also steadily advancing.
It is noteworthy that, Ericsson announced in the program, set a fixed patent license fee, which is different from the previous price based on the license price model.It is reported that Ericsson had received in the 3G patent Permission fee is the standard machine price of 1%.
Experts believe that now, Ericsson launched a fixed price license fee scheme, the corresponding handset manufacturers, its acceptability may be relatively higher, but also conducive to Ericsson as soon as possible and the relevant manufacturers to reach a patent license cooperation.Of course, each The patent royalty rate model favored by manufacturers may be slightly different, and the fixed-rate model thrown by Ericsson is bound to have some impact on other manufacturers that hold the patents necessary for the 5G-related standards. However, as each enterprise's technology varies from 5G The relevant standards in the proportion of different, the final fee charged also need to see the respective firms bargaining power.
Although Ericsson earlier patented the 'blockade' of millet in India, for now, the target of Ericsson's main target for the 5G patent licensing program should be large-sized enterprises such as Apple and Samsung, etc. In the era of 5G, Relevant enterprises in China also need to deploy early 5G development strategy to avoid patent risk.
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At present, Ericsson announced the patent license fee is not high, and according to a fixed price patent licensing fee program is conducive to its cooperation with equipment manufacturers faster cooperation.With the foreign companies licensing Chinese mobile phone manufacturers' ambitions 'Increasingly, China's relevant enterprises need to prepare early to reduce the patent risk (IPR reporter Li Junlin)
'Double pass' mergers and acquisitions: the outcome is hard to decide
In 2017, the uproar Broadcom M & A case attracted wide attention from all walks of life. In November 2017, Broadcom made an offer to Qualcomm to acquire Qualcomm for $ 70 a share, each of which will include $ 60 in cash and $ 10 in Broadcom Broadcom shares. In addition, the deal will also include Broadcom's willingness to continue Qualcomm's $ 38 billion acquisition of NXP Semiconductors, which was later rejected by Qualcomm Inc. Qualcomm announced that Broadcom's proposed acquisition seriously underrated Qualcomm's Value, its board members unanimously rejected the Broadcom unilateral offer, but Broadcom did not give up, saying 'the offer is still valid.'
It is understood that Broadcom, founded in 1991, is the world's leading semiconductor company for wireline and wireless communications with more than 2,600 U.S. patents and more than 1,200 other national patents as well as more than 7,450 patent applications that address voice, video, data and Multimedia wired and wireless transmission, with an annual income of more than 2.5 billion US dollars. Founded in 1985, Qualcomm also has the strength as one of the world's largest mobile phone chip maker, Qualcomm announced a large number of 3G and 4G mobile communications related patents.Reportedly, Qualcomm has more than 3,900 U.S. patents and patent applications for CDMA and related technologies and has licensed CDMA patents to more than 130 telecommunications equipment manufacturers worldwide.
Qualcomm's clear refusal, basically consistent with many industry experts guess before.Dalian Polytechnic University Intellectual Property Dean Tao Xinliang said that taking into account Qualcomm in the field of semiconductor chips almost 'dominate the world' situation, coupled with Broadcom itself in the field Is also a pivotal position within the United States and can easily lead to the over-concentration of operators and easily lead to the abuse of market dominance over the illegal monopoly. According to the United States or other countries on the prevention, control and prohibition of excessive operators Concentrated anti-trust norms, Broadcom's desire to acquire Qualcomm this time is likely to 'stillborn', or abandoned midway, the probability of success smaller.
In fact, the industry has always been worried that the acquisition may have a tremendous impact on the chip industry.Experts believe that if Broadcom perseverance, the successful acquisition of Qualcomm, not only in communications semiconductor chip market caused by the 'Broadcom' overwhelming Monopoly advantage, but also in supporting the telecommunications semiconductor chip industry and its intellectual property market heights, the achievements of the 'New Broadcom' absolute high ground and deterrence, competition in the international communications chip industry will have a 'Broadcom' a dominant Of the non-competitive situation and the situation.Chinese mobile phone companies on the huge demand for communications semiconductor chips, but also from the original subject mainly to Qualcomm, and then transformed into mainly dominated by has been more concentrated, more advantages and may be more monopoly 'New Broadcom '.
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Although this high-pass expressly rejected Broadcom's M & A offer, Broadcom is likely to take other measures to seek acquisition space, so for both parties this may be a long-term game process.The author believes that China's telecommunications companies should be in accordance with the established Policy to develop chip technology, strengthen technology research and development, the accumulation of patent strength, after all, rely on external resources supply situation can not be long. (IPR reporter Li Junlin)
Air conditioning battle: 'Baotuan' go Quartet
In 2017, the market for air conditioners could be described as disputes. First Gree filed patent lawsuits against Oakes Air Conditioners and Guangdong Midea. Subsequently, Gree filed another patent infringement and again sued Oakes Air Conditioners and Guangzhou Jingdong Trading Co., Ltd. to Guangzhou Intellectual Property Court , And claim 40 million yuan.
In recent years, the rapid development in the field of air-conditioning, attracted many domestic enterprises fight each other.In this regard, China University of Political Science and Law Intellectual Property Research Center, said Li Junhui, a special researcher on the one hand is due to China's home appliance industry is facing technological innovation and transformation and upgrading of the industry are Create a variety of intelligent products, highlighting the 'Internet +' features, high patent claims there is no lack of show 'patent muscle' factors, through litigation to show their own technology research and development capabilities; the other hand, with the domestic intellectual property protection of the environment Continued to improve the industry continue to call for raising the amount of the award, which provides home appliances enterprises through the licensing of technology or patent licensing business returns the environment.Therefore, including air conditioning enterprises, including the appliance industry patent contest, but also a means of market competition, Its purpose is to win a competitive advantage through litigation.
In an interview, the reporter learned that in order to effectively alleviate the phenomenon of patent litigation in the air conditioner market, in October 2017, the China Intellectual Property Alliance for Air Conditioning Industry was formally established. Its members include Gree Electric Appliances, Hengqin Zhijiao Center and Qingdao Haier Air Conditioner Co., Ltd., Hisense (Shandong) Air Conditioning Co., Ltd., Guangdong Midea, Oaks Air Conditioning and other eight companies, which is open for all enterprises in China's air-conditioning field, institutions of higher learning and institutions such as open non-profit organizations.
'China's IPAC Alliance to deal with foreign intellectual property disputes and external disputes, the integration of intellectual property resources within the intellectual property rights as a link to guide and promote cross-border innovation in China's air-conditioning industry, the whole chain intermediation. Alliance enterprises will respect each other the fruits of labor , Mutual concern about commercial interests, and actively carry out healthy competition and achieve mutual benefits and win-win situation. "The union official said he believed the alliance will help establish a certain order in the air-conditioning industry to effectively ease the frequent patent litigation in this area.
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As a technology-intensive industry, patent litigation among air-conditioning enterprises has never stopped in recent years, and the birth of China's air conditioning industry intellectual property alliance can be said to ease the patent disputes in the field of air conditioning to a certain extent.In the future, The alliance will start with building a pool of patents, implementing a patent-sharing mechanism and conducting early warning on the patent infringement risks in overseas markets, and further accelerate the pace of 'going out' of our own brand of air-conditioning products. (IPR reporter Li Junlin)
Defense Patent: Awakening Sleeping Beauty
In the highly sophisticated national defense science and technology field, there is ultimately a figure of the patent, which includes a large number of outstanding technical achievements in the field of national defense science and technology, has important defense value, Economic value and social value, but in the intellectual property circle, national defense patent is like "the Mona Lisa's smile", mysterious.
For those defense patents that do not need to remain confidential due to changes in conditions within the term of protection of national defense patents, the timely decision of declassification will help to promote the sharing of information between the military and civilians and allow more researchers to stand still People's shoulders' to carry out scientific research to better play the value of national defense patents.
In 2017, the Defense Intellectual Property Office of the Equipment Development Department of the Central Military Commission focused on declassifying 3,001 national defense patents and first released 2,346 pieces of national defense patent information. It is learned that the national defense patent decrypted covers six major industrial fields and the technology involved is relatively new. Almost three in 10 became patent applications filed after 2010. Not long ago, the Equipment Development Department of the Central Military Commission compiled 2,452 pieces of national defense patents that were decrypted and further publicized them in order to promote the active transfer of these formerly confidential military technologies to civilian areas as soon as possible Bloom and bear fruit.
In 2017, the trial platform of civil-military integration (Xi'an) of the public service platform for national intellectual property operations was commissioned by the National Defense Intellectual Property Office to conduct initial processing of more than 3,000 patents decrypted. After analysis, it was found that in these national defense patents, , Repeated applications are more often.Moreover, many patents need to be developed twice, to resubmit the patent application.If a national defense patent involves the barrel technology, barrel in the civilian market is difficult to apply, need to be converted into oil pipelines, lose Gas pipelines, etc., and further control the input costs. This requires the secondary development of national defense patents and conversion to civilian use.
As for how to get through the barriers of the transformation of national defense intellectual property, experts in the industry suggest that China need to establish a mechanism for the seamless connection between national defense patent declassification and ordinary patent follow-up.In the actual operation, the current national defense patent and general patent policy may continue to be used, For the declassified national defense patent, it is not disclosed to the public and after its secondary development, it reappears as an ordinary patent, thus avoiding the risk of leakage and at the same time facilitating the transformation of national defense patents.
In the area of "military transition to civilian areas", follow-up work such as adaptive development of national defense patent, research on process technology and application of engineering should be strengthened and high-quality patent applications should be submitted for secondary development achievements so as to be protected and civilized defense technology can be provided In addition, we should also change the relatively independent development path of military and military products and civil products in military research institutes and promote the experience of the military and civilian integration of advantageous enterprises.In the aspect of 'participating the army', we should further improve the mechanism for information exchange, promote the military and civilian technology, Sharing of resources, data and needs docking, to attract the participation of dominant enterprises.
Of course, the issue of distribution of profits is also of particular importance in the course of the transformation of national defense patents: Relevant departments should scientifically formulate the relationship between ownership and income distribution so as to ensure that, as the transformation of other scientific and technological achievements, the rights holders Enjoy the right of income.
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The transformation of national defense science and technology achievements into civilian use is an extremely complicated process, and its conversion to civilian use first needs to cross the threshold of 'patent declassification.' In the face of the current situation of 're-secret and light decryption' of national defense patents, China should establish a national defense patent decryption And the general patent follow-up protection mechanism, strengthen the second national defense patent development, technology research, improve civil and military exchange of information and sharing mechanism, and promote the transformation of national defense patents (intellectual property reporter Chen Jie)
Strike 'hanging card': monitor a heavy punch
In accordance with the provisions of the relevant laws and regulations of China's patent, in order to safeguard the legitimate rights and interests of innovation subjects and guarantee the quality of patent agency services, certain conditions must be met when establishing patent agencies according to law. However, if the conditions are not met, how can we do? In reality, It is understood that the "hang card" mainly refers to the use of borrowing, hire someone's patent attorney to apply for the establishment of a patent agency, or the patent Agency registration card rental, lending to others to undertake patent agency business and other illegal activities.
For such illegal acts in the patent agency industry, the State Intellectual Property Office has been severely punished and rectified, and the crackdown has been further intensified as the industry regulatory system becomes more perfect. In early 2017, the State Intellectual Property Office made a patent Acting disciplinary decisions, a patent agency in Zhenjiang City, Jiangsu Province, three promoters renting patent agents qualifications, illegal application for the establishment of a patent agency 'hang license' act, the revocation of its patent agent qualification certificate of punishment.
Patent agency is a professional work combining technology and law, which is an important part of the high-end legal service industry and has high requirements for professional accomplishment of the employees.Patent agency services have played an important role in transforming the innovation achievements into intellectual property The important role of the "hang card" acts exist, making for the purpose of profit for the purpose, who do not have the professional qualification to open a patent agency, disrupt the normal market order, will inevitably lead to irregularities in the generation of patent agency behavior, can not guarantee the patent agency services Quality directly infringes upon the legitimate interest of the right holder of the invention.
It is precisely for this reason that SIPO, as the department in charge of the patent agency industry, gave full play to its supervisory functions in accordance with the deployment requirements of the State Council, strictly fulfilled its regulatory responsibilities, further strengthened supervision after events and fully promoted the work of 'double randomization and openness' , Helping the work of 'double creation' to meet the rapidly growing demand for patent agency service of the innovation main body.Aiming at the behavior of a few patent agents holding luck and being driven by profits and interests, in recent years, the State Intellectual Property Office Great efforts to rectify the situation, take measures to take measures, strike out and severely punished, the governance of 'hang license' and other illegal acts as the optimization of industry development environment, and further promote the 'unmanaged' important part of the work and achieved positive results.
While strengthening supervision, the State Intellectual Property Office also introduced a series of comprehensive policies and measures to promote the healthy development of the patent agency industry, and further improved the qualification examination system for patent agents so as to eliminate the root causes of the soil In addition, by disclosing fraud, increasing exposure of dishonesty and integrity information sharing measures to form a deterrent to those who violate laws and regulations.
In addition, it is understood that in order to give full play to the self-regulatory functions of the industry, the All-China Patent Attorneys Association also conducted the work of cracking down on the "hang-card" activities of patent agencies in accordance with the relevant requirements of the State Intellectual Property Office. The main measures include self-examination and self-correction by agencies , Public supervision and reporting, the Association of supervision and spot checks.
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In recent years, the number of patent agencies and patent agents in our country has been on the rise, and more and more talents have joined the cause of intellectual property. To better serve the innovation subject, relevant patent agencies also need to ensure the quality of service, comply with laws and regulations, Mo Yue, red line Mo touch, create a good patent agency market environment (intellectual property reporter Chen Jie)
Patent asset securitization: Leveraging large 'Jinshan'
While guarding the patent 'Jinshan Silver Mine' can not start, one side for financing hard to complacent, it seems to have become the norm of the majority of science and technology SMEs .How effective use of this huge number of patent intangible assets, the development of its hidden internal Transaction value, providing more liquidity and financial support for the development of enterprises has become a problem to be solved.
At present, there are a lot of patents in our country each year, but many are still in idle state.How to utilize these effective means of operation to activate these patent assets and realize the market value of the patent is very urgent to solve the financing problems of the enterprises, especially the small and medium-sized technology enterprises.In recent years, The deepening development of asset securitization in the field of intellectual property, the emergence of the securitization of intellectual property, and gradually by the industry's attention.
In the field of patents, the securitization of IPR is represented by the securitization of patent assets.Patent asset securitization means that the patentee diverts the proceeds possibly generated from the patent outside the enterprise as the underlying asset of securitization and transfers it to the special purpose organization (SPV ).
Patent securitization is a form of off-balance sheet financing, and the proceeds of financing are not included in the balance sheet of the obligee, and have no effect on its liabilities. Asset securitization realizes the reputation of the patent assets and the patentee as well as other assets Of the risk isolation, help to reduce the investor's investment risk.Securities asset securitization process will usually be structured design of the underlying assets, the separation of high-quality assets and sub-assets, an increase of credit quality of high-quality assets, more investors Favor.
Although there are many advantages in the securitization of patent assets, there are many difficulties in the implementation process.Industry experts believe that the basic assets of the securitization of the patented assets must be strictly chosen according to certain standards, and the property rights should be clear, the scope of the rights and the legal effect Clear, etc., need to form a large-scale high-value pool of patent assets. Patent value is not high, it is difficult to attract investors.
In addition, patent valuation is also an important factor affecting the securitization of patent assets.Experts believe that, if you want to ensure the credibility of the entire financing, the valuation of the patent is the key link in the process of securitization transactions, in particular, need to determine the The parties can agree on the value of a particular intellectual property at a particular point in time.The existing methods and methods of valuation of intellectual property have relatively reliable accuracy for only certain invention patents.The valuation is difficult to determine and can lead to unmanageable The economic value of patents makes accurate estimates, rating agencies have difficulty in accurately rating securities issues, and investors have difficulty accurately evaluating the value of the securities and investing in them.
From the practical level, because of the poor stability of the patent assets and the instability of the cash flow, it is necessary to credit the patent assets.While the problem of the patent value is difficult to determine, because the traditional method of asset valuation can not be evaluated well Patent assets, to design a better assessment methods can be more conducive to the implementation of the securitization of patent assets.In addition, the improvement of the information disclosure system is also a powerful means of reducing the risk in the securities industry.At present, China's information disclosure system is mainly applied to traditional assets, Patents such intangible assets have their own particularity, to explore the information disclosure for the patent assets norms, is to attract investors, reduce risk, to complete the patented asset securitization is an important guarantee.
Comments
Patent asset securitization is the basic asset securitization of asset transfer from physical capital to intellectual capital, which is an innovative exploration in the field of financial and securities.However, patent valuation is difficult, patent value stability is poor, information disclosure system is imperfect and other factors restrict the securitization of patent assets The relevant agencies should further improve the relevant laws and regulations on the securitization of patent assets, conduct credit enhancement on the patented assets, optimize the patent evaluation methods and improve the information disclosure system, so as to effectively promote the securitization of patent assets in China.