1. Accumulated 20 patents in three years. Why did the startups sued by Xiaomi not survive?
According to Li Junhui, a special researcher at the Intellectual Property Research Center of the China University of Political Science and Law, on October 26, 2017, Xiaomi once sued Hangzhou Chuanghui Agricultural Science and Technology Co., Ltd. to Hangzhou Intermediate People’s Court for RMB 300,000 for suspected patent infringement. / The claim standard, Xiaomi filed at least three design patent infringement lawsuits.
At the same time, Xiaomi also initiated a request for invalidation of the patent reexamination committee of the State Intellectual Property Organization for holding at least four design patents held by Hangzhou Chuanghui Agricultural Science and Technology Co., Ltd. As of now, the Patent Reexamination Board has successively conducted the above four patents. A decision to 'notify all invalid' was issued.
It is understood that Hangzhou Chuanghui Agricultural Science and Technology Co., Ltd. was established on October 9, 2014. It seems that it had obtained a round of financing on November 6, 2014. On July 23, 2015, the company submitted a The utility model patent application for the smart plant planter was authorized on December 23, 2015.
This 'smart planter' is also their 'Dora Box' product, which provides a technology that can automatically provide the plants with the required moisture and light according to the actual soil moisture and the required humidity of the plants. Program.
In addition to the automatic collection of water and watering, this 'artificial intelligence + potted' product can also be used for voice interaction, music playback, and order shopping. It is similar to many smart speaker products. As early as 2016, this name was ' Dora's Box's products have been crowdfunded on the platform of Taobao. This shows that whether it is product idea or creative design, this product is really new.
In addition, the company that introduced this product also holds a large number of patents, including 14 design patents and 9 utility model patents, and also filed 6 invention patent applications, mainly involving wireless switches, smart sockets, planters and other intelligent hardware.
This entrepreneurial team was once very optimistic about it, but at present, the company's official website, official Weibo and other external display platforms have not been updated for a long time. And in similar platforms such as Baidu Post Bar, there are many users of the product experience is not good Posts, such as leaks, can't be charged.
Li Junhui stated that it is difficult for a startup company to accumulate more than 20 patents in three years. Among them, the product in the area of 'artificial intelligence + potted plant' is still very creative. However, it may be that equity financing is not smooth, perhaps it is The sales of products have not been opened. Perhaps the technical iteration is not timely. Although the business model has changed several times, it still does not survive well. It is somewhat regrettable. How can we make innovations under the current background of encouraging innovation? The design or innovation of products survived and sold well, and indeed many reflections and efforts were needed.
2. Competitors initiate patent infringement lawsuits. Can Fangbang Electronics IPO be able to meet?
The first competitor initiates a patent infringement lawsuit. Can this company's IPO meet?
From WeChat public number: Sycamore Tree V
In the past few days, the United States’ ZTE (31.310, 0.00, 0.00%) “one-core sealing throat” has made people aware of patents and technology. However, a Japanese company has been blocking patent litigation before the Sino-US trade war. Our country is planning to market a high-tech enterprise. The company to be listed in this country is Guangzhou Fangbang Electronics Co., Ltd. If the IPO is approved, it will land on the Shenzhen Stock Exchange.
Let's look at what Eastern Electronics is doing.
Fangbang Electronics' main business is R&D, production and sales of electronic thin-film materials products. It specializes in providing electronic thin-film material products and application solutions. The company's core products are electromagnetic shielding films, and other products are conductive adhesive films.
Fangbang Electronics, the predecessor of Fangbang Electronics, was established on December 15, 2010, and became a joint stock limited company on December 23, 2015. It has achieved rapid development in the seven years since its establishment. 2014, 2015, 2016 In January and January 2017, the company’s operating income was RMB 100 million, RMB 130 million, RMB 190 million and RMB 98 million, respectively, and net profit attributable to non-repatriated mothers was RMB 31.07 million, RMB 43.30 million, RMB 76.98 million and 3747, respectively. Ten thousand yuan.
The prospectus disclosed the industry's competition. In the year 2000, Japan's Tuozuda developed an electromagnetic shielding film. Twelve years later, Fangbang Electronics also successfully developed an electromagnetic shielding film product with independent intellectual property rights. The electromagnetic shielding film is Fangbang. Electronic core products account for more than 90% of the company’s revenue.
Founded in 1945, Otsuda is headquartered in Osaka, Japan. Otakoda is based on wire and cable business and gradually develops into emerging fields such as communications, electronics and optoelectronics, especially in the functional materials related to electronic materials. With its technical advantages, its developed electromagnetic shielding film products are widely used by smart phones and other electronic devices.
However, six months after Fangbang Electronics submitted the IPO materials on June 16, 2016, the first competitor Tuo Zi Da (the plaintiff Da Zonda Wire Co., Ltd.) initiated a patent litigation on January 6, 2017. Blocked and sued the Guangzhou Intellectual Property Rights Court and sued the issuer for infringing the invention patent of the '2008 Shielding Film for Printed Wiring Boards and Printed Wiring Boards' with patent number 200880101719.7, and filed the following lawsuit request: (1) The defendant was ordered to (State Electronics) immediately ceased to infringe the plaintiff's invention patent No. 200880101719.7, including but not limited to the suspension of manufacturing, sales, promising to sell shielding films for printed wiring boards that infringe upon the plaintiff’s patent rights, and destroying equipment and molds dedicated to the production of infringing products, and Destroy all inventory infringing products; (2) Decide the defendant (Fangbang Electronics) to pay the plaintiff a tort compensation for its infringement, including the notary fees, investigation fees, legal fees and other reasonable expenses paid by the plaintiff to stop the infringement. , A total of RMB 20,500,000; (3) The defendant bears the costs of litigation in this case.
On April 27, 2017, Tuo Zi Da filed a “Application for Change of Claim” with the Guangzhou Intellectual Property Court, requesting that the second claim in the original complaint be changed to: Order the defendant to pay compensation to the plaintiff for the infringement of his infringement And the plaintiff’s reasonable expenses for stopping the infringement amounted to RMB 92.72 million.
The two lawsuit requests are still very severe. The first “to stop manufacturing, sales, and promise to sell shielding films for printed wiring boards that infringe upon the plaintiff’s patent rights, and to destroy equipment and molds dedicated to the production of infringing products, and to destroy all inventory infringing products. ', if Tuo Zi Da wins, the other state electronics is undoubtedly the catastrophe, directly shut down the fate of liquidation.
On July 21, 2017, the Guangzhou Intellectual Property Court rendered a judgment and rejected all of the plaintiff's claims, and the plaintiff Tuo Zida paid the case acceptance fee of 505,400 yuan. As of the signing date of this prospectus, Tuo Zida has The Higher People's Court of Guangdong Province appealed.
Although the first-instance Fangbang Electronics won, the results of the second-instance trial have not yet come out, adding to the huge uncertainty of Fangbang Electronics' IPO audit. Should the second instance verdict support Tuo-da's litigation request? Before the second-instance judgment came out, Can the issuing committee allow this company to attend the meeting?
Even if the second instance dismissed the claims of Tuo Zida, is it possible for Fang Bang Electronics to sit back and relax? No, legally speaking, as long as terminal products using Fangbang electronic products such as smart phones are sold in the United States or Japan, Topstar is still A patent infringement suit can be filed in the United States or Japan.
In the patent infringement lawsuit, the negative point of the partner state electronics was that the initiator of the lawsuit, Japan Tuo Zi Da, was the original inventor of this product technology, and Fang Bang Electronics had this technology only 12 years after it was invented. 2. It is suspected that Fangbang Electronics infringed on the patented technology of the original person Tuo Zi Da.
Technology-intensive companies use patents as an important weapon to protect themselves and their opponents. Internationally renowned companies such as Intel, Microsoft, Qualcomm, Apple, and Boeing all have powerful lawyer teams that regularly initiate patent litigation against competitors and challengers. In the past few years, technology companies have also learned the patent warfare. According to legend, a Shenzhen company audited by the Issuance Committee in early December last year has not yet obtained the IPO approval document. The reason was that one company sued for patent infringement.
Suspending or canceling the review may be an unfavorable situation for this Fangbang Electronics.
3. British media: The gap between Chinese and U.S. technology intellectual property is continuously shrinking. The trade war cannot be stopped.
The Information Network reported on April 22 that the British media said that patent experts said that China’s continuous increase in R&D investment and the expansion of higher education meant that the gap between intellectual property and the United States was rapidly being reduced and efforts were made to become the number one technological power. President Trump’s threat to impose tariffs on high-tech exports may weaken Beijing’s momentum, but it cannot reverse this trend.
According to a Reuters report on April 13, China has been making leaps and bounds in several areas. The outside world has different predictions about how long it will take for China to bridge the technological gap, but some patent experts say it may be achieved in the near future.
David Shen, the head of China’s intellectual property at Anli International, said: “According to the number of scientists trained in China each year, China will eventually catch up, no matter what the United States does.'
Intellectual property lawyers now believe that, in fact, China’s earlier promise to protect foreign intellectual property rights reflects China’s confidence in the status of major innovators in the fields of mobile communications and online payment, as well as the ability to catch up in other areas.
According to the report, China replaced Japan as the world’s second largest patent right application country last year. According to the World Intellectual Property Organization, the number of Chinese patent applications has increased by 13.4% annually. If this rate of increase is maintained, it will take more than a year to surpass the United States. China's ambition can be seen here, and the foundation to help achieve this progress is likely to increase further.
China now spends 2.1% of its gross domestic product (GDP) on research and development. Although it is less than the US’s 2.75%, it is already much higher than 0.7% in the 1990s and is close to the Organization for Economic Cooperation and Development (OECD). The average level of member states is 2.35%. According to World Bank data, China has 1,177 R&D personnel per million population, which is three times the 1990s and consistent with the global average. The United States has 4,321 per million population, but China’s population is four times that of the United States, which offsets this advantage of the United States, and the number of Chinese researchers will only increase.
'If you look at 5-10 years, you will see a more equitable competitive environment for innovation, especially online platforms, digital innovation, machine learning and artificial intelligence,'' JP Morgan Asset Management Co., Ltd., which manages $80 billion in assets, Richard Tisselington, chief investment officer of emerging markets, said that online payment is the most obvious example. China has already led the United States in this regard; in major cities in China, mobile phones have become a payment method that almost completely replaces credit cards, but Many Americans still use cheques.
However, intellectual property experts said that the number of patents does not represent everything. In the fields of semiconductors, robotics and biotechnology, China still needs some time to catch up. Mayer Brown JSM Asian Intellectual Property Director Gabriella Kennedy said: '(Chinese) The work done in some big companies is very successful, but not otherwise innovative, but I don't think they will take a long time.'
The lawyer stated that if the United States wants to delay China’s technological progress, it may consider further restricting US companies’ authorization of products to Chinese companies and expanding the scope of the definition of trade secrets. However, they also warned that more stringent regulations may backfire because companies can Trying to circumvent these regulations, including establishing entities in non-U.S. jurisdictions to maintain access to the vast Chinese market.
'If the U.S. government really takes extreme measures to prevent U.S. companies from exposing their intellectual property (IP) in China, then this may also damage U.S. companies,' said a partner of Gao Weisheng.
4. Release of “Top 100 Patent Innovation Lists of Chongqing Enterprises in 2018”
The Distribution of Chongqing Top 100 Patent Innovation Enterprises
(Note: With reference to the national economic classification standard, the project team will classify industries according to the top 100 companies' main business. Because the majority of the company's business operations involve multiple industries, the split statistics will be based on the category of the main business of the listed companies. Industry category corresponds to the enterprise base is greater than 100.)
The 20th Chongqing Patent Innovation Top 100 List of Effective Utility Model Patent Levels (Unit: Pieces)
'6+1' Pillar Industry Listed Companies and Industry Output Analogy Chart
(Respondents for the map)
(Reporter Zhang Yizhu) On April 20, the Guangdong Institute of Intellectual Property, the Chongqing Intellectual Property Information Center and the Chongqing Institute of Science and Technology Development jointly issued the "Top 20 Enterprises in Patent Innovation in Chongqing in 2018" (hereinafter referred to as “Top 100 List”. This is the first time that Chongqing Enterprises’ patent innovation capability has been published. Chongqing Changan Automobile Co., Ltd., Chongqing Lifan Holdings Co., Ltd., and China Metallurgical CCID Engineering Technology Co., Ltd. are among the top three, showing strong performance. The innovative strength.
Chang'an Automobile Leads Three Single Lists
Zhang Chi, general manager of Guangdong Institute of Intellectual Property Research, released the research results on behalf of the project team. She stated that enterprises’ ability to acquire and use intellectual property resources, especially patent resources, is a barometer of regional innovation capability, innovation level and innovation potential. A benchmark for measuring the sustainability of regional economic development. The "Top 100 List" issued this time is based on the registered companies in Chongqing (including foreign capital, Sino-foreign joint ventures, Hong Kong, Macao, and Taiwan funds) as research objects, from the scale and quality of corporate patents. The four dimensions of the level, structure layout and transformation efficiency were studied, and the analysis of the innovation situation of the enterprises in our city in recent years was analyzed.
According to reports, the companies that advance into the top ten are Chongqing Chang'an Automobile Co., Ltd., Chongqing Lifan Holdings Co., Ltd., China Metallurgical CCID Engineering Technology Co., Ltd., State Grid Chongqing Power Company, Chongqing BOE Optoelectronics Technology Co., Ltd., Chongqing. Runze Pharmaceutical Co., Ltd., Loncin General Dynamics Co., Ltd., China Coal Science and Technology Group Chongqing Research Institute Co., Ltd., Chongqing Ziguang Chemical Industry Co., Ltd., and Chongqing Machinery & Electrical Holding (Group) Company. These companies played an important role in Chongqing's innovation-driven development. Leading role.
In addition, the project team also selected the invention patent grant quantity, the effective utility model patent amount and the cited patents 3 indicators to assess the individual list, reflecting the unique advantages of the top 100 companies in patent innovation. Chongqing Changan Automobile Co., Ltd. With a strong stance, it is the top spot in every single list, and its innovative strength is strong. Chongqing Lifan Holdings Co., Ltd. is a dazzling performance as a private enterprise, ranking second in the list of patents for inventions and the amount of cited patents. Chongqing Runze Limited Pharmaceutical Co., Ltd. applied for more than 850 patents, ranking second in the list of effective utility model patents.
69 Top 100 Companies Focus on District 9 of Main City
In terms of regional distribution, among the “Top 100 Lists” released this time, the performance of the Liangjiang New District as a national-level new district is particularly outstanding. A total of 22 companies were on the list, highlighting the strategic position of innovative highlands; the top 100 companies are located in 18 districts of the city. There are still 8 districts and 12 counties (autonomous counties) of the listed companies, and 69 of the top 100 companies are located in the 9 districts of the main city, with a high degree of regional concentration. In addition, through a comparative analysis of the economic development of each district And research on industrial layout found that the top three administrative regions are all focused on guiding the accumulation of innovative resources and each has its own advantages.
It is worth mentioning that the project team found that the regional distribution of top 100 companies and the total value of GDP in their jurisdictions are synchronously found that the top 100 companies have high GDP, but the corresponding companies have fewer The situation. That is to say, these regions urgently need to change the development momentum, and use the advantage of late development to cultivate innovative enterprise clusters will be one of the important measures to fully implement the innovation-driven development strategy.
Three major industries such as automobile manufacturing occupy half of the “Top 100 List”
In terms of the types of enterprises, the “Top 100 List” has 46 state-owned enterprises and 54 private enterprises are on the list, which is basically the same. Among the state-owned enterprises, the military serial companies are strong and nearly 30% of the companies are in the military sector. Related companies. This has provided Chongqing with a unique advantage in inspiring military-civilian innovation cooperation and promoting the deep development of military and civilian integration.
In terms of industry classification, the top 100 companies are mainly located in the automobile manufacturing industry, general equipment manufacturing industry, and railways, ships, aerospace and other transportation equipment manufacturing industries. The top 100 companies in the above-mentioned three industries have a total of 50 occupations. Half of the top 100 companies, the remaining 50 companies are scattered in 24 other industries.
According to Zhang Chi, among the top 100 companies, there are 91 companies whose business scope involves the pillar industries in Chongqing, of which equipment manufacturing industry and automobile manufacturing industry have a total of 63, which occupies an absolute advantage. In addition, the total value of industrial GDP and the number of listed companies can be found. , The driving force for innovation in the equipment manufacturing industry is full, and the total GDP of the automobile manufacturing and chemical industry also benefits from the support of innovative companies. Chongqing Daily