'Turn over' | 'Shanzhai' | How China Becomes an International Patent Power

1. Oracle turned over? Google was convicted of infringement, or will pay $9 billion for Oracle. 2. Ford Motor Company's patented vehicle and car cryptocurrency trading. 3. Key link! Our company's 'going out' will inevitably be helped by the international patent arrangement. 4. Alibaba and Oppo became the first mainland companies to enter the Chinese patent rankings in Taiwan. 5.MicroLED Display Patent Panorama Analysis 6. 'Shanzhai' How did China become an international patent power?

1. Oracle turned over? Google was sentenced to infringement, or will pay $9 billion in compensation Oracle

According to foreign media reports, the US Federal Circuit Court of Appeal ruled on Tuesday that Google infringed Oracle's copyright by using Oracle's Java code in the Android operating system.

This ruling overturned the previous favorable judgment of Google’s regional court in 2016, and sent the case back to the California Federal District Court. The district court conducted a trial of specific compensation.

The judges' referee group wrote: 'Copying copyrighted works literally, word-by-word, on a competitive platform and using them for the same purpose and function is unfair.'

Google claims that its use of Oracle software is protected by fair use rules because it does not directly charge customers, but Oracle stated that Google’s news is 'destructive' for its licensing strategy because many customers have therefore turned to Android systems. .

Dorian Daley, Oracle’s general counsel, stated: “The Federal Circuit’s opinion upholds the basic principles of copyright law and clearly states that Google violates copyright laws. This decision protects creators and consumers from being illegal. Abuse their rights. '

Google did not say whether it would appeal the ruling, but the company’s representative stated that the company is considering various options.

The representative said: 'We are disappointed that the Federal Circuit Court of Appeal overturned the verdict of the jury. The jury thinks that Java is open and free to everyone. This ruling will make applications and online services more expensive for users. , We are considering various options. '

In fact, the patent dispute between Google and Oracle has to be traced back to 2010. In 2010, Oracle sued Google for the court, claiming that Google's Android system has 37 application programming interfaces (APIs) that infringe on the copyright of its programming language Java. Oracle believes that Google can use the Java API to develop Android systems only if it is licensed, and claims compensation of up to US$9 billion. Google believes that they follow copyright laws and use Java software code legally, and do not pay royalties.

In May 2016, the jury of the San Francisco Federal Court held that Google was fair in using Java in the context of fair use of copyright, and therefore rejected Oracle’s opinion and decided that Google would not have to pay.

2. Ford Motor Company Patent Envisions Car-to-Car Encryption Currency Trading

Runaway Review: Ford obtained a patent to allow cars to send tokens between CMMPs and, if necessary, to obtain permission to pass by. By using the CMMP system, the vehicles are monitored, and the collectives that exercise preferences are recorded and evaluated. Communication with each other, can control each other's speed and traffic flow, reduce traffic congestion.

The Ford Motor Company obtained a new patent, indicating that this American car manufacturer is considering using cryptocurrencies to allow cars on the road to communicate with each other and reduce traffic.

The patent 'Vehicle-to-vehicle cooperation to marshal traffic' was released on Tuesday and was awarded to Ford Global Technologies, LLC. The core of the patent is to mitigate traffic congestion and propose speed coordination between cars. The communication can partially offset 'the psychology of human drivers who are focused on personal travel time preferences'.

The document released on Tuesday described in detail the 'CMMP, Cooperatively Managed Merge and Pass' system, in which 'by themselves and others joining the vehicle to collectively monitor, record and evaluate driving behavior'.

The application continues to say:

'This system temporarily allows special cooperative vehicles (sometimes referred to as 'consumer vehicles') to drive to the highest speed in less busy lanes, to be free to merge and overtake as needed. When necessary, other participating cooperative vehicles (sometimes called 'commercial vehicles') voluntarily occupy lower speed lanes, let consumer vehicles merge into their lanes and overtake'. It's worth noting that it outlines how a cryptocurrency CMMP can be used to support cars. Communication.

The operation of the 'CMMP system utilizes a single transaction based on tokens, commercial vehicles and consumer vehicles agree to trade several units of cryptocurrencies (sometimes referred to as 'CMMP tokens'). The CMMP tokens are used to authenticate and authorize transactions in In this transaction, if necessary, at the request of the consumer vehicle, the commercial vehicle either occupies the low-speed lane or allows the consumer vehicle to merge into their lane to pass through. In addition, the token payment can also be used for one of the proposed systems. Loan on the way.

In some cases, the time allocated to a consumer vehicle request is based on the number of CMMP tokens spent by the consumer vehicle selection at that particular time period. 'For example, a driver of a consumer vehicle that is delaying appointment time may use 60 CMMP generations. Coin, requesting to pass over any other participating commercial vehicle within 10 minutes in a certain road segment, with a priority of 10 seconds per token.' Although the company has not disclosed a lot of blockchain-related work, a job recruitment display last year The company hopes to gain some in-line professionalism in related topics.

According to Trustnodes, the company wrote at the time, 'We are looking for a strategic thinker and researcher to lead the automotive use case's blockchain technology department and help provide our customers with a superior user experience'. Already gone. Coindesk

3. The key link! Chinese companies 'going out' will inevitably be helped by the international patent arrangement.

Editor's note: In recent years, more Chinese companies' self-developed 'China Zhizhi' products have entered the overseas market, showing China's innovative outlook. Obtaining first-mover through the grasp of core technologies is the consensus of many 'going out' enterprises in China. Property rights are regarded as a key link for these companies. The advanced development of intellectual property rights in advanced areas of these enterprises will become a powerful guarantee for them to obtain competitive advantages.

Original title: Last year's ranking of PCT international patent applications was announced, and Chinese companies reaped better results -

International patent layout helps our company 'go out'

In today's economic globalization, Chinese products on the international market are not uncommon. Unlike the 'Made in China' foundry products in recent years, more Chinese companies' self-developed 'China Zhizhi' products have entered overseas markets. Out of our country’s innovative outlook, gaining access to the core technology is the consensus of many “going global” enterprises in China. Intellectual property is a key part of these companies and is valued by these companies. Recently, it was published at the World Intellectual Property Organization (WIPO). Among the top ten PCT international patent applications for 2017, Huawei Technologies Co., Ltd. (hereinafter referred to as Huawei) and ZTE Corporation (hereinafter referred to as ZTE Corporation) ranked the top two with 4,024 and 2,965 respectively. BOE Technology Group Co., Ltd. (hereinafter referred to as BOE) ranks seventh with 1,818.

'The ranking of China's PCT international patent applications in 2017 was not only benefited from China's reform and opening up, but also created external conditions for companies to make full use of their capabilities. At the same time, it is also inseparable from the frustrations of Chinese companies in the global market. Experience, recognizing the important role of intellectual property rights in the market competition. The advanced development of intellectual property rights in advanced areas by these companies will become a powerful guarantee for them to obtain competitive advantages. ' Cao Xinming, Director of Intellectual Property Research Center of Zhongnan University of Economics and Law, accepts Chinese intellectual property rights. The reporter said in an interview.

Go to overseas strict layout

'Intellectual property work can be seen as a capability for companies to participate in global competition. The early deployment of intellectual property around the world is very important for the development of the company. 'In view of Huawei Liu, vice president and chief legal officer of Huawei, 'to go out In the layout of enterprises' intellectual property rights, it is not simply to pay attention to the number of patents, but whether the corresponding intellectual property rights can obtain commercial value from the market is the most important issue. It is necessary to lay out intellectual property rights toward this goal. Enterprises must conduct their business in the global mainstream market. A wide range of intellectual property rights are deployed to bring greater value to patents. At the same time, in the field of global industrial standards, a large part of the value of intellectual property is obtained through the core patents in the standard, so the core task of the corresponding company should be the mainstream technology in the world. There is a place in the standard to transform intellectual property into commercial value.

Originated from the high attention to innovation and intellectual property work, over the years, Huawei has spent at least 10% of its sales revenue on product R&D and technology innovation every year. In addition to its main ICT, it also faces cloud computing, NFV Exploring emerging hotspots such as /SDN and 5G. In the work of intellectual property rights, Huawei has implemented a standard patent strategy. A management team has unified management of scientific research, patents and standards-related work, and actively promoted the global layout of standard patents to further advancement. Technical research results, the formation of international standards proposals, and submit patent applications, the final formation of necessary international patents, so that enterprises in the international competition in a proactive position. In the third quarter of 2017, Huawei's British smartphone market share reached 13%, Ranked third.

ZTE Corporation, which has been carrying out intellectual property work for more than 20 years, has quite a set of experiences. Here, intellectual property has been embedded in the market, R&D, procurement, production, and other entire business processes, and has been positioned as the company's core assets. '5G networks will accelerate traditional industries. Digitalization, networking, and intelligent upgrade. ZTE Corporation has continued to invest in Pan- 5G R&D and related fields. It has achieved technology, commercialization and economies of scale in wireless, wireline, Internet of things, terminal and other pan 5G fields, and is committed to becoming a global 5G pioneer. Fan Qingfeng, senior vice president of ZTE Corporation, stated that with the continuous updating of new technologies such as 5G, ZTE's intellectual property right is also closely followed. The number of chip patents authorized by the company and the number of patents granted by the Internet of Things rank the top in the world. More than 90% of its patents are invention patents, including a number of basic patents covering 5G/4G, cloud computing, big data and other international communication technology standards, as well as core patents covering key technologies in the communications industry.

As one of the companies on this list, BOE has also formed a comprehensive patent management system with a patent strategy as its traction, a patent management system, a capability enhancement platform, and an external resource platform as its support, with patent development, patent risk management and patent operation as the core. , And with independent innovation continue to break overseas technical barriers, to obtain a broader market.

“The profound understanding of the value of intellectual property rights is the driving force for these companies to deploy overseas patents. It can be seen that a group of enterprises in our country have adapted to the global market competition and acted as a pioneer in the 'going out' of Chinese enterprises. Their achievements are impressive. We are pleased and proud. ' Cao Xinming said that a group of enterprises in China have formed a mechanism for self-motivation and innovation, and that their intellectual property work model has allowed them to tap into overseas markets.

Grab the commanding heights of technology

In the data published by WIPO, the top three PCT international patent applications filed in all technical fields in computer technology, digital communication and electrical machinery accounted for 8.6%, 8.2% and 6.8% of the total, respectively. Fields ranked second, first, third.

In the current era, innovation is the main driving force for corporate development. The top PCT international patent applications can reflect the future direction of global science and technology and economic development to a certain extent. ' Cao Xinming believes that the layout of patents is forward-looking. Sex, earlier than the new technology was widely used, this ranking reflects our country has been in a leading position in some areas of technology.

Only by mastering cutting-edge technologies, can we be the helm of the global economy in the future. To this end, in recent years, China has vigorously implemented an innovation-driven development strategy, and the “National Innovation-Driven Development Strategy Outline” has proposed that enterprises be supported to globally deploy innovation networks and encourage the establishment of Overseas R&D Centers; Established international investigations of intellectual property infringement and overseas rights protection mechanisms. “Made in China 2025” established that “100 years after the founding of New China, the status of manufacturing powers has been further consolidated, and comprehensive strength has entered the forefront of manufacturing power in the world. The field has innovative leading ability and obvious competitive advantage, and has established a global leading technology system and industrial system. 'The strategic goal. Under the guidance of these policies, the momentum of China's corporate innovation and development has become stronger. In the field of digital communications, Huawei, The equipment suppliers such as ZTE and Alibaba, Tencent and other internet companies have taken the lead in terms of technology, scale, service, and efficiency. In the area of ​​artificial intelligence, China’s international scientific paper publication volume and invention patent grants have ranked second in the world. , key breakthroughs in key technologies in some areas Microsoft emerged wheatgrass, and pieces of the brain, brain Alibaba ET and many other technical innovations ...... a commanding height is being overcome China's enterprises.

'In the future global competition, technology competition is a tough battle. More enterprises in our country need to develop patents for 'going out'. Through the establishment of patent alliances, patent pools, and the role of industry associations, the formation of 'joint forces' in intellectual property is avoided. Individual companies are fighting alone. At the same time, the country must further improve the corresponding overseas assistance mechanisms to deal with the risks of intellectual property in global competition. ' Cao Xinming emphasized. (Reporter Wu Hao) China Intellectual Property News

4. Alibaba and Oppo become the first mainland companies to enter the Chinese patent rankings in Taiwan

According to new data released by the Intellectual Property Office of Taiwan, mainland companies are playing an increasingly important role in the local patent environment. In 2017, local and non-local companies in Taiwan increased their application rate, successfully reversing the number of applications for several consecutive years. Falling situation. Among the largest corporate TIPO users, invention patent applications increased by nearly 25%.

The year of last year when patent applications in Taiwan increased year-on-year was 2012, reaching a peak of 51,189. In 2017, it reached 46,122. Although it was far below the peak of 2012, it actually increased by 5% within 12 months. Local and non-indigenous Applicants are more active.

A key indicator of TIPO's track record is the trend of its top 100 users (a group of companies, universities and research institutions). In the corporate ranks, patent applications for inventions have increased by 24%. TSMC once again dominated the rankings. The dominant position, the number of invention patents it applied for is more than twice the strength of the most competitor, Hon Hai, and Hon Hai president Gou Ting Ming promised to shift the company's focus from the number of patent applications three years ago.

More interesting is the top 10 non-native applicants. Alibaba topped Qualcomm and its total was second only to TSMC. Oppo also appeared in the ranking for the first time as the seventh largest applicant. Defeated Samsung, a large rival that previously occupied this position.

Looking back at the TIPO report of the past 10 years, it was found that there was no precedent for mainland companies to enter the top 10 applicants. There were only two cases of entering the top 20 (Alibaba in 2015 and Innocom Shenzhen in 2012. Company). In 2009 and 2010, Hong Kong FIH operated by Terry Gou appeared on the list. IAM

5.MicroLED display patent panorama analysis

Patents in the field of MicroLED displays are dominated by startups and research institutes. Display manufacturers and LED manufacturers other than Sharp and Sony are relatively late in this field. In fact, many manufacturers are in Apple (Apple). The acquisition of Luxvue, after demonstrating confidence in MicroLED display technology, began to invest heavily in MicroLED display technology development.

Which companies have laid out patents in the field of MicroLED displays? What are the main areas of technology they are involved in? What about patent status?

MicroLED display patent disputes

Yole has retrieved nearly 1,500 patents applied by 125 companies and organizations in the field of MicroLED displays. These applicants include many start-up companies, display manufacturers, OEM manufacturers, semiconductor companies, LED manufacturers and research institutes.

The patents in this field are relatively 'young' and the average age of the patents is about 3.2 years. The first patent application in this field was between 2000 and 2001. However, until 2012, a large number of patent applications began to appear. , So far, there are few authorized patents in this field.

Pioneers in this area include Sony, Sharp, and MIT (Massachusetts Institute of Technology, USA), but early large-scale development work was mainly completed by many scientific research institutes, including Kansas State University (Kansas State University, USA). , University of Hong Kong (University of Hong Kong), Strathclyde University & Tyndall Institute (University of Strathclyde and Tyndall), University of Illinois (University of Illinois), and of course Luxvue, and later Playnitride and Mikro Mesa and other start-up companies.

Yole's patent analysis reveals a number of vendors that are not currently well known in the MicroLED display field. In addition, patent analysis also confirmed the involvement of many atypical display technology companies such as Intel (Intel) and Goertek (Goertek). On the other hand, many vendors, such as Huawei (Huawei), which are relatively active in the field, have not even disclosed related patents.

Overall, patents in the field of MicroLED display are dominated by startups and research institutes. Display manufacturers and LED manufacturers other than Sharp and Sony are relatively late to enter the field. In fact, many manufacturers are in Apple. (Apple) After acquiring Luxvue, it showed its confidence in MicroLED display technology and began to invest in MicroLED display technology development.

As of December 2017, Apple had the most patents in the field of MicroLED display technology and covered almost all technology nodes. However, many Apple related patents were developed around its MEMS transfer technology. And Sony and other manufacturers , Although the number of patents is slightly less, it may have more basic design patents and create stronger patent barriers.

Primary MicroLED Patent Applicant Ranking

The transfer technology and display structure are dominated by patents and patents for defect management fall behind unexpectedly

Many patents in the field of MicroLED display technology contain descriptions of display concepts and architectures. However, as far as manufacturing technology is concerned, pixel transfer and assembly techniques have not unexpectedly become an important topic of these invention patents. Highly accurate assembly of millions of tiny LED chips has always been the key to the realization of the MicroLED display.

At present, more than 50 patent applicants have proposed many possible solutions. Some of them have apparently gone through intensive research and explored practical development strategies to cope with the relevant technical challenges. However, there are also many patent applications that describe the design ideas vaguely. Or concept. Despite the many patented solutions, most of them can be classified into several major technology types, including MEMS, elastomer stamps, fluidic transfers, and sticky tapes.

MicroLED is currently much less efficient than conventional 'macro' LEDs. In addition to transfer technology, chip design and manufacturing techniques are also critical. New structures and manufacturing processes are needed to increase efficiency, make the chip suitable for transfer and assembly, or The display application optimizes beam emission. However, surprisingly, there are relatively few patent applications for defect management and MicroLED testing. Even if the manufacturing yield is high, defective pixels still exist. Therefore, defect management and MicroLED testing techniques are considered to be The key enabling technology of MicroLED display, MicroLED manufacturing is inseparable from the effective defect management strategy.

2017 MicroLED Patent Family Decomposed by Technology Node

Complex supply chain

To achieve large-scale manufacturing of MicroLEDs, it is necessary to combine three completely different technologies and supply chain blocks: LED manufacturing, backplane manufacturing, and large-scale transfer and assembly of microchips. Compared to the traditional display supply chain, the supply chain in this area is very The length is very complicated. Every step of the process is critical. Effective management of the entire system is challenging. At present, no company can control the entire supply chain. Compared to other mature display technologies, the MicroLED supply chain appears to be more balanced.

The diversification of patent applicants in the field of MicroLED technology reflects these challenges, but for different applications, the requirements are also different. For enterprise-level, military and medical applications, AR/MR (Augmented Reality/Mixed Reality) is equally small, high The application of added value, those start-ups with good technology and sufficient funds, can often manage the supply chain efficiently. However, consumer applications such as TVs and smart phones require large amounts of investment to start large-scale manufacturing.

Although only a few manufacturers have extensive patented layouts covering all major technology nodes (transfer chip architecture, display architecture, etc.), there are now enough patent applicants to lay out patents at various technology nodes once the MicroLED is shown to enter a large volume. Production and listing, these patents will bring complicated licensing and patent litigation.

Small companies with strong patents in various technology fields will try to obtain licensing fees from large manufacturers involved in the manufacture of MicroLEDs. Large companies will also use patents to clamp down one another to prevent their competitors from entering the market. Latecomers are applying for a large number of patents, although many of these patents do not have much gold content. MEMS

MicroLED Patent Family Decomposed by Manufacturer Type

6. 'Shanzhai' How did China become an international patent power?

Recently, the World Intellectual Property Organization released a report that China submitted 48,900 patent applications in 2017, surpassing Japan, second only to the United States. Even more amazing is that the annual growth rate of Chinese patent applications has exceeded 10% for 14 consecutive years, 3 This year is expected to catch up with the United States and become the largest source country for international patent applications.

The road to knowledge and economic development, intellectual property rights are increasingly becoming the core elements of national competitiveness, and it is of strategic importance to enhance the overall national strength of the country. Looking back at the past, in terms of intellectual property rights, China has long been the Western countries. The accusations are not protected and are good at copycats. Looking at the reality, China is the only country that has applied for an annual growth rate of double-digit growth. The annual growth rate has been higher than 10% since 2003. In 2017, China applied for 2,724 in India. Russia applied for 1354 applications and applied for 279 applications in Vietnam, which was 2-3 times more than in 2012. In Singapore, 643 applications were increased to nearly 4 times, and 144 applications in France were increased to nearly 3 times. The indicators for the development of China's IPR industry show a good momentum of increase in quality and quality, which fully demonstrates that China’s status as a large IP country is more stable.

Protection of intellectual property rights is to protect innovation, and good intellectual property rights can be used to stimulate innovation. At present, a new round of global scientific and technological revolutions and industrial changes are poised to take hold. The pattern of China’s economic development is accelerating, and the trend of innovation leading development is even more pronounced. Next, as an essential guarantee for encouraging innovation, the intellectual property system has become increasingly prominent. It plays an increasingly important role in national economic and social development and international trade. In a certain sense, it attaches great importance to intellectual property work. It is conducive to better promoting new technologies, new industries, booming new industries, increasing the level of industrial internationalization, safeguarding and incentivizing people's entrepreneurship, and innovating so that the economy can maintain high-speed growth and move toward high-end levels.

It is precisely because of this that we have seen the Party Central Committee with Comrade Xi Jinping as the core since the 18th CPC National Congress paid great attention to intellectual property work, and successively formulated and issued the “Several Opinions on Accelerating the Construction of a Strong Intellectual Property State under the New Situation”, The 13th Five-Year Plan for the Protection and Use of Intellectual Property Rights of the State, and the 2017 National Strategy for Implementing the Intellectual Property and Speeding up the Construction of a Powerful Country for Intellectual Property, etc., and other strategic initiatives to accelerate reforms in the field of intellectual property and promote the integration of intellectual property rights The overall economic and social development provides strong support for innovation-driven development, further consolidating China’s status as a major intellectual property country, and laying a solid foundation for a strong intellectual property country.

Only by opening up can we develop and cooperation can achieve a win-win situation. With the continuous deepening of economic globalization, the important role of the intellectual property system in inspiring innovation and promoting openness has become more prominent and its status has become more prominent. With this in mind, China not only attaches importance to the protection of domestic intellectual property rights, but also Paying attention to the protection of foreign intellectual property rights. Last year, China launched a special action for the first time on the protection of intellectual property rights of foreign-invested enterprises. The 12 agencies jointly issued the “Action Plan for the Protection of Intellectual Property Rights of Foreign-invested Enterprises” to focus on combating infringement of foreign investment nationwide. The violation of corporate intellectual property rights aims to effectively protect the interests of right holders and further create a fair market environment and a good investment environment. In particular, during the “Belt and Road” international cooperation summit last May, the State Intellectual Property Office of China and The World Intellectual Property Organization jointly signed the “Strengthening the Belt and Road Initiative for Intellectual Property Cooperation”, which is the first document signed by China and international organizations on the “Belt and Road” intellectual property cooperation. Actual measures, solid actions, and international cooperation Society for the Chinese market and Chinese intellectual property Confidence in protecting the environment continues to increase. As evidenced by the data, in 2017, countries along the 'Belt and Road' countries applied for 4,319 patents in China, an increase of 16.8% compared to 2016; 4 new countries have applied for patents in China, and the total number of countries reached 41 .

China is the defender, builder and contributor to the international order. As the world’s largest developing country and the second largest economy, China urgently needs to build a more equitable and reasonable international economic order and continuously strengthen the right to speak internationally. China’s use of the international patent system has increased significantly, indicating that as China’s economy continues to transform rapidly, Chinese innovators are increasingly looking beyond and looking forward to spreading their ideas to new markets.’ Francis Gurry, Director-General of WIPO It is clear that, as a responsible world power, this will not only help China establish a good national image of intellectual property, promote our country’s active participation in global competition, safeguard our overseas interests, and help China’s intellectual property in international affairs and leadership. Participate in the global governance of intellectual property capabilities, promote the international rules of intellectual property to inclusive, effective and balanced development.

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