Pujiang Intellectual Property International Forum is one of the featured forums for the 6th China (Shanghai) International Technology Import and Export Fair (hereinafter referred to as 'Shangdang Fair').
On the scene of the Shanghai Fair, the first financial reporter noticed the small i robot from Shanghai. Not only did the small i robot itself speak the way, but also because it had been remembered with Apple's intellectual property lawsuit.
In June 2012, Xiaoyi Robot sued Apple for infringing on its intellectual property rights. Apple applied to the State Intellectual Property Office for invalidation of Xiaoi Robot's patent. However, the application failed. Then Apple v. State Intellectual Property Office lost the first trial and won the second instance.
Recalling this patent litigation can be described as twists and turns, the focus of the two disputes is the patent of a 'chat robot system'. It is understood that the patent was applied by the robot in 2004 in 2004, authorized in 2009, Apple released in 2011 Siri. 2011 In December of this year, Apple introduced the Siri smart personal assistant service on its iPhone 4S mobile phone for the first time, and it was subsequently launched in the full range of iPad, Mac and other products.
In a judicial appraisal, Xiaoi Robot proved that Siri had no substantive difference with Xiaoyi Robot's patent and fell within the protection scope of that Chinese patent. Subsequently, Apple submitted an application to the Patent Reexamination Board of the State Intellectual Property Office to request the declaration of the patent rights of Xiaoyi Robot. invalid.
In September 2013, the Patent Reexamination Board decided to maintain all the patent rights of 'Little Robot'. Apple dissatisfied and filed an administrative litigation with Beijing No. 1 Intermediate People’s Court. In July 2014, Beijing No. 1 Intermediate People’s Court The judgment of first instance was rejected, and Apple’s lawsuit was rejected, and the decision of the State Intellectual Property Office was maintained. Apple then appealed to the Beijing High People’s Court and won the case. The Beijing Higher People’s Court held that Xiaoi Robot’ could not implement the game function,’ Patent Application Document If it is not well written, disclosure is not sufficient, and then it is determined that 'the small i robot patent should be invalid'.
However, a number of experts in the field of computers and artificial intelligence, professors, said that the judge of the second instance did not stand in the 'technical field of the field' stipulated by the patent law, and it was concluded that the inadequacy of patent disclosure was in fact incomprehensible.
In January 2017, the Supreme People's Court issued a retrial ruling that the execution of the judgment of the Beijing High Court was terminated during the retrial. There is no final judgment yet. Regardless of the final verdict, Xiaoi Robots competes with Apple for the human-machine dialogue. The commanding point of the entrance will have a significant impact and positive warning significance in the Chinese scientific and technological community and intellectual property.
According to the data released by the State Intellectual Property Office, in 2017, the number of Chinese invention patent applications reached 1.382 million, of which domestic applications exceeded 90%. The number of trademark applications reached 5.748 million, of which domestic applications accounted for 96%. PCT The number of international patent applications is 51,000, which only accounts for 3.7% of domestic applications. This means that more than 96% of China's inventions have given up patent protection overseas and have lost the advantages of international markets that they should have.
Wang Hongxiang, general manager of Shanghai Patent & Trademark Law Firm, pointed out that the number of patent applications in other countries is more than that in China, which means that the potential commercial risks in China are much larger. For example, if there are dozens of patents for certain brands of mobile phones in the US All the way, the relevant countries have applied for it. Then, the similar technology of China's mobile phone may lose its foothold in the country. If it is forced to land, it may face allegations of infringement and thus bear huge compensation.
In the Boao Forum for Asia on April 10th, the President Xi Jinping emphasized that it is necessary to strengthen intellectual property protection to improve the protection of property rights. It is also the most important incentive to increase China’s economic competitiveness. Xi Jinping clearly pointed out that to improve law enforcement forces, Strengthen law enforcement and raise the cost of violations to the fullest extent to fully utilize the role of legal deterrence.