However, judging from the spy photos that have already been exposed, this wave of new machines has been fitted with Liu Haiping without exception, and even niche manufacturers have sloganed the 'Android version of iPhone X'. On the topic of iPhone X, some manufacturers took out technical patent documents to show their innocence.
However, relevant legal professionals have stated that Apple enjoys priority in patents, and if it is determined that plagiarism occurs by other manufacturers, patent invalidation lawsuits can be initiated.
Some manufacturers’ domestic patent applications preceded Apple’s
On November 1, 2016, Apple submitted an iPhone X profile patent application. Although the application documents did not have physical photos, the design drawings were clearly legible, especially in the description, after pointing out the transparent area (mainly the screen area). The shape design of the iPhone X can be seen at a glance. However, due to the regional nature of the patent application, the U.S. patent is only valid within the U.S., and if it is to be patented in China, it will need to re-apply for patents in China. On the 28th of the month, Apple also submitted an iPhone X profile patent application in China.
The difference between the US and China filing time was half a year. During the lag period of the first half of the year, the Android mobile phone market was changing. In January 2017 alone, there were two mobile phone manufacturers submitting a patent application for 'Liu Haiping'. One of the applicants was Beijing Xiaomi. Mobile Software Company, filed a patent application for a full-screen mobile phone on January 23rd, describing, 'The graphical user interface on the screen, the front of the unit except the handset, camera and light sensor areas, other areas are all information. Display area. 'The receiver, camera and light sensor are located directly above the screen, which is 'bangs'.
Another applicant was Guangdong Opal Mobile Communications Co., Ltd. (Main Brand: OPPO), who submitted two display applications on January 9. The two applications contain multiple design styles, cutting rectangular areas along the sides. The triangular area and the emptied rectangular area on the screen alone, etc. This patent application shows the OPPO thinking about the overall screen layout. Liu Haiping is only one of them.
Vivo Corp. Vivo Mobile Communications Co., Ltd. applied for a top-notched display screen and mobile terminal in August last year and obtained a patent in February this year. Huawei did not retrieve the relevant information.
Apple enjoys patent protection priority
Xiaomi and OPPO respectively applied in January last year and obtained the authorization from the Intellectual Property Office in July. Apple applied for it in April last year and obtained a patent authorization on December 19 last year. With time advantage, does it mean that there is no infringement of Android phones? What is the risk? The answer is negative. On Apple’s patent license, you can see a list of priority data (29/583, 023 2016.11.01.US) that records the date of the first patent application, the patent number, and the country .
According to Article 29 of the "Patent Law", the applicant shall have within 12 months from the date of the first patent application filed by the applicant in the foreign country, or from the date of the first patent application filed in the foreign country. Within months, if a patent application is filed in the same subject in China, the foreign country may enjoy priority according to the agreement signed by the foreign country with China or the international treaty to which it participates, or according to the principle of mutual recognition of priority.
Li Junhui, a special researcher at China University of Political Science and Law Intellectual Property Research Center, believes that 'Apple has applied for priority protection at the same time, and its patent application date in the country can be the same as that of the United States.' That is to say, the shape patent of Apple iPhone X is protected in China. Calculated from November 1, 2016.
If Apple believes that Andrew Liu's Liu Haiping infringes his patent, he can initiate a lawsuit. 'Once a dispute arises in the design patent, the principle of who will apply for authorization first and who will be protected first, if there is a manufacturer who believes that the other patent is infringing Suspected, can take the initiative to initiate a patent invalidation process. 'However, the partner of Shanghai Duan and Duan Law Firm Liu Chunquan said that at present, there are few patent disputes between handset manufacturers in design.
Liu Haiping's similarity is not equivalent to plagiarism
'Liu Haiping' is an innovation in design or a full-screen component innovation. It may be two problems. If a screen accessory manufacturer or supplier has applied for a patent on a special-shaped screen design, then regardless of which mobile phone manufacturer uses the accessory, it is automatically obtained. Li Junhui believes that if it is a mobile phone manufacturer's application for mobile phone design, then, from the existing public photos, there are differences in the level and the bottom of the Liu Hai, whether it can be deemed to constitute infringement, still need to further judge .
At present, public opinion has snagged the 'plagiarism' hats on many Android manufacturers. This industry is arguing for Android manufacturers. 'Before there is no better technical solution, it can only accept imperfections. Liu Hai has a lot of integrated sensors. It's almost impossible to get around this bangs design. 'An industry source stated that there are mainly cameras, handsets and sensors in the Liuhai District. The handset can be solved through bone conduction, but with the light sensor, it is difficult to change the camera to the bottom, especially the camera, move to the bottom Does not meet the user's habits.
'The screen at different stages of the form of choice, or to comprehensive consumer demand and the ability to achieve at the time of the technology. For now, OPPO R15 is not necessarily the best full-screen mobile phone, but at this stage the best comprehensive screen. According to relevant stakeholders of OPPO, in order to pursue a higher ratio of screen capture, the position of the camera and handset is smaller, and the screen as a whole can assume an irregular form. OPPO also applied for a special patent for digging holes in the screen in November 2016. Nearly 100%, in the same year, also applied for a patent for rotating, pop-up camera and other related screens. The entire machine is almost full screen. OPPO stakeholders said that the company has laid out many solutions for the development of the screen, and will be based on market feedback and supply chain technology in the future. Support the situation to choose the right scheme.
'We all know that the heterogeneous screen can increase the screen share to a certain extent, but before the users of iPhone X accepted this design, we dared not venture to introduce such a product. 'A person in charge of a Chinese manufacturer interviewed by foreign media Said.