1. From leading edge to evenness, Huawei and UPI's patent opposition 'variables'
According to Li Junhui, a special researcher of the Intellectual Property Research Center of China University of Political Science and Law, a few days ago, Huawei filed a patent on the method and device in the wireless communication network held by Unwired Planet International (hereinafter referred to as 'UPI Company'). For invalidation requests, the Patent Re-examination Board of the State Intellectual Property Office (hereinafter referred to as the 'Patent Review Board') will make a decision on 'maintaining the validity'.
In fact, on December 22nd, 2016, the Patent Reexamination Board has issued a review decision on “maintaining validity” for the patents of appeal held by UPI. Therefore, this is the second time that Huawei filed the same patent for the same case in China. Invalidation request, and was sentenced to 'maintained' for the second time.
It is worth mentioning that in April 2018, similarly for patents held by UPI, Huawei also received a "maintained effective" review decision. In other words, Huawei has been in the last two months. Two patents 'lost'.
Up to now, for the invalidation request filed by Huawei in 2017, the Patent Reexamination Board has successively made a decision on the review of invalidation of five patents held by UPI Corporation, of which two were all invalid and one was partially invalidated. Two were found valid.
Li Junhui said that in the patent contest with UPI, Huawei has shifted from the previous quarterly leadership to the current evenness.
Recall the patent dispute between Huawei and UPI:
In March 2014, UPI filed Huawei, Google, and Samsung in the United Kingdom to the Patent Court, claiming that the three infringed 6 patents held by them. Five of them involved 2G, 3G and 4G related standard essential patents.
From October 2015 to July 2016, the six patents involved were divided into five groups and they were tested and compared respectively.
In the summer of 2016, UPI entered into a settlement with Samsung. Since then, Samsung has withdrawn from the patent fight with UPI. And Google, which was first sued together, reconciled with UPI as early as 2015. At the beginning of the 'one to three' challenge, it became the current one-on-one wrench.
In April 2017, the High Court of England and Wales judged that Huawei had used UPI’s patented technology in its 4G mobile phones and had to pay UIP a licensing fee. If Huawei did not pay this fee, the court reserved the right to prohibit the sale of Huawei mobile phones;
On June 7, 2017, the Patent Court of England and Wales High Court issued a judgment on the protracted patent licensing dispute between Huawei and UPI: 1) Issued a ban on Huawei’s infringement Order', 2) Huawei needs to pay 2.9 million pounds in compensation, 3) Allowing Huawei to appeal global patent licensing, and allow UPI to appeal for mixed global benchmarks.
As Huawei disagreed with the ruling, an appeal was initiated and the ban was temporarily in a 'to be determined' state. At the same time, Huawei also launched a continuous counterattack against UPI in the country.
In China, Huawei filed multiple applications for invalidation of patents held by UPI in 2016 and 2017 respectively.
July 22, 2016, Regarding Huawei's request for invalidation of a patent for invention (patent number: 2007800518555) held by UPI Corporation in the 'self-configuration and optimization of neighboring cells in a wireless communication network', the Patent Reexamination Board made 'avoidance of all invalidation' ' The review decision.
On December 22, 2016, regarding the invention patent (patent number: 2008801236993) of Huawei's method and device in wireless communication network held by UPI Corporation, the Patent Reexamination Board made a decision to maintain its validity.
The relevant case information shows that at the end of August, early September and early 11th, 2017, Huawei filed a request for invalidation to the Patent Reexamination Board for no less than five patents held by UPI Corporation.
On May 29, 2018, the Patent Reexamination Board made the decision to “maintain validity” for the second time on the invalidation request filed by Huawei UPI for the “methods and devices in the wireless communication network”.
Up to now, for the invalidation request filed by Huawei in 2017, the Patent Reexamination Board has successively made a decision on the review of invalidation of five patents held by UPI Corporation, of which two were all invalid and one was partially invalidated. , Two pieces were found valid. (Proofreading/Aki)
2. The cash prize for the conversion of scientific and technological achievements can be reduced by 50% to the current month's income and paid a tax
The Ministry of Finance of the People's Republic of China issued a notice on the personal income tax policy for scientific and technical personnel obtaining cash incentives for conversion of job science and technology achievements, and clearly defined the cash awards given to scientists and technicians from the income generated by the conversion of duties scientific and technological achievements, which can be reduced by 50% in the month of scientific and technical personnel's wages and salaries. Income ', pay personal income tax according to law.
The purpose of this is to further support the national popular entrepreneurship and the implementation of the people's innovation strategy and promote the transformation of scientific and technological achievements. It is stipulated that the scientific and technological personnel shall enjoy the preferential taxation policy for notification, and shall also meet the following conditions: Scientific and technical personnel refer to non-profit research institutes and universities. The person who makes an important contribution to the completion or transformation of the job science and technology achievements.
Scientific and technological achievements refer to patented technologies (including national defense patents), computer software copyrights, exclusive rights to the layout design of integrated circuits, new plant variety rights, new varieties of biological medicine, and other technical achievements determined by the Ministry of Science and Technology, the Ministry of Finance, and the State Administration of Taxation.
The transformation of scientific and technological achievements means that non-profit scientific research institutions and universities transfer scientific and technological achievements to others or permit others to use scientific and technological achievements. Cash awards refer to non-profit scientific research institutions and universities rewarded within three years (36 months) of the income from the transformation of scientific and technological achievements. Cash for scientific and technical personnel.
Chinese Prime Minister Li Keqiang pointed out in a report on the economic and social development situation of the academicians of the two academies and institutes recently that the reform of 'distribution and management' in the field of scientific research should be deepened to foster an ecological innovation. Respect for talents, trust talents, tolerance for failure, open up green channels for scientists, and accelerate solutions Problems such as subject application, funds management, talent appraisal, distribution of results, and other issues that hamstring the hands and feet of scientific research personnel have greatly increased the national science and technology prize bonus standards. The relevant departments must implement and improve relevant policies to ensure effective results this year.
The Ministry of Finance also announced on the same day an announcement on the tardy vehicle purchase tax for trailers. From July 1, 2018 to June 30, 2021, vehicle purchase tax was levied on the purchase of trailers by half.
3. Japan Patent Office Releases 2017 Patent Application Trend Report
On May 14, 2018, the Japanese Patent Office issued the 2017 patent application trend survey report. The report investigated the number of patents accepted by the five offices of Japan, the United States, Europe, China, and South Korea, the characteristics of technology flow, the distribution of technical fields, etc. The leading receiving Offices that applied for and selected the number of patents accepted conducted investigations. The main findings are as follows:
1, the number of patent applications and technical flow characteristics
Japan, South Korea, and China have a higher percentage of local applications; in addition, Japanese applicants have the most number of applications filed with the United States, followed by China, Europe, and South Korea; applicants with Chinese nationals apply for foreign patents Compared to other countries, there are more patent applications filed with China.
Japan Patent Office Releases "2017 Patent Application Trend Report"
2, technical field distribution analysis
(1) Among the patent applications accepted by the five offices, the number of 'computer technology' fields is the largest, followed by 'electrical machinery, electrical equipment, electrical energy', 'measurement', 'sound imaging technology' and 'digital communications'.
(2) In the patent applications received by the five offices, the highest non-native application rate is in the field of 'microstructure and nanotechnology', followed by 'organic chemistry, cosmetics', 'biological material analysis', 'surface processing' and 'basic electronic components'. '.
(3) Statistics on the number of patent applications filed by applicants of different nationalities in different fields: : Japanese applicants have filed the most applications in the field of 'Electrical machinery, electrical equipment, and electrical energy'; applicants of U.S. nationals are in the ' The field of computer technology's filed the most applications; European applicants in the 'transportation' field, Chinese and Korean applicants filed the most applications in the field of 'electrical machinery, electrical equipment, electrical energy'.
(4) Analysing the foreign applicants' rates in various technical fields of Japan, the United States, and Europe, China and South Korea found that the highest rate of Japanese patent applicants for external patent applications is in the field of 'biological materials analysis'. The applicants of American and European origins are ' Polymer Chemistry, Polymers' field, Chinese applicant for 'opto-mechanical' field, Korean applicant for 'Basic electronic element' field.
(5) Analyze the technical areas of patent applications accepted by the 5th Bureau. It was found that Japan received the most patents in the field of 'electrical machinery, electrical equipment, and electrical energy'; the United States had the largest number of 'computer technology' fields; Europe accepted the 'transportation' field. The largest number; China and South Korea have the largest number of acceptances in the field of 'electrical machinery, electrical equipment, and electrical energy'.
(6) Analysing the technical fields of utility model patents accepted by Japan and China on the day and found that Japan has the largest number of utility model patent applications in 'other consumer products' and 'furniture, games'; China is in 'electrical machinery, electrical equipment, electricity' and There are a large number of 'civil engineering' fields; South Korea has more 'furniture, games' and 'other consumer goods'. Visible, Japan and South Korea's application trends are more similar.
(7) It can be seen that the number of registrations in a number of technical fields has increased significantly in the past five years. The number of applications for inventions and utility models in the PRC has increased rapidly in the past five years. This is partly due to the substantial increase in the number of applications for local applicants. On the one hand, the number of applicants in Japan, the United States, and European countries is also increasing.
3, Analysis of Patents Applied to Japan
The number of patent applications filed by Europe and the United States to China has continued to increase, but the number of applications that have not been submitted to Japan in these patent applications has continued to increase. The survey found that the number of patent applications filed by applicants from both U.S. and European countries did not apply to Japan. And the proportion continues to increase.
4, overlap between the two technical fields
The overlap and growth trend between the two technical fields is quite different in different fields, but in the 'business methods' field closely related to the Internet of Things (IoT), its overlap with various fields is increasing.
5, analysis of leading applicants
Among the top 50 applicants, there is a difference in the percentage of applicants of different nationalities between different receiving offices. In Japan, South Korea and China, the proportion of local applicants is higher; in the Indian Bureau, Compared with the proportion of local applicants, the proportion of applicants of other nationalities such as Europe and the United States is higher. Chinese Academy of Sciences Intellectual Property Information
4.Street power lost patents suffered great troubles
There have been constant mutual complaints about patent issues between the two giants of Charging Bao and the street-electricity between the two giants. Eventually there have been new trials. According to the latest news, in the case of a heavyweight patent litigation just ended with an incoming call, Power was found guilty of infringing on the patent of the incoming phone and compensating for the latter’s loss and related expenses of 2 million yuan. Although the final compensation amount was not high, the court’s judgment also required the street-related infringing products to be removed from service within 30 days after the verdict went into effect. The above judgment was only the result of the first trial. After the verdict of the first instance was pronounced, the street power spot on the spot expressed its dissatisfaction with the verdict.
Market analysts believe that about half of all shared charging products put on the street at present may be affected by the above-mentioned 'order order', which means that once the appeal fails, the street power is likely to be in serious trouble. In China, nearly half of its products may be taken off the shelf and it may be difficult to resume delivery in the short term.
The first trial of the street power lost the patent infringement. The patent warfare between the one-year-old call and the street power finally resulted.
On May 25th, the Beijing Intellectual Property Law made a first-instance verdict on two lawsuits concerning the prosecution of a series of patent infringement disputes against street lighting, and judged that the street-electricity infringement call technology was entitled 'Mobile Power Rental Equipment and Charging Clamping Devices' and 'Acquisition Type'. The utility model patent for the charging device's needs to compensate the latter for a total of 2 million yuan in economic losses and other expenses.
It is reported that this is by far the largest patent infringement compensation in the shared charging treasure industry. Previously, the patent lawsuits between the two major sharing giants have never stopped.
The verdict shows that in addition to compensation for economic losses and rights-protection expenses of $2 million, Street Power also needs to stop using the counter-infringing Anker 12-port shared charge locker products within 30 days after the judgment comes into effect. This means that The relevant infringing products that have been put on the market in the earlier period of the electricity must be withdrawn 30 days after the judgment takes effect.
It is reported that this call patent that was lost by Street Power was mainly used for the practical design of the mobile charge locker. The patent had been considered by the caller as its core patent before. The specific charge for the infringement product on the street power was Anker. 12 shared charging cabinet machine.
However, in response to the above verdict, Street Power expressed his disapproval and will appeal.
Half of street-electric products fear to be off the shelf
Although the amount of compensation of 2 million yuan is not very high from the final compensation figures of the first-instance judgment, the product's 'rejection order' in parallel with the 2 million fine may bring huge trouble to the losing street power.
According to public information, as of August last year, a total of 350,000 shared chargers have been put into store on street power, and there are 3.44 million mobile power chargers for these cabinets.
Market watchers pointed out that about half of the 350,000 shared charging racking machines put into street lighting are the products involved in this case, which means that once the appeal of the street power fails, according to the judgment of the court, it will need All of these counterfeit shared charging console equipment will be removed within 30 days, which may result in the removal of half of the street-level products.
A senior private equity investor in Beijing stated that from a financial point of view, this decision is quite unfavorable for street power. Half of the products will be discontinued, which may mean that half of the income is shrinking, and the company also needs a large amount of money to replace it. With these devices, this move will undoubtedly drastically push back the profitability expectations of the entire street.
'At the same time, from a market perspective, this impact may be even greater for street power. In the rapid development of the shared charging industry, the market is rapidly expanding, and major shared charging companies are constantly accelerating their staking events. Losing a large number of markets may have a huge impact on street power. 'The above private equity sources said, 'Even if street power takes quick measures to replace products, this alternative process will be difficult to complete quickly in a short period of time, and street power needs to take a long time. Time to restore its original market layout. In this process, its market share may soon be overtaken or extended by competitors. This effect is even greater than the financial impact. It will significantly reduce investors’ expectations for street power and Valuation. '
According to Jumei Youpin's 2017 Annual Report, Jumei Youpin had a total revenue of 5.817 billion yuan for the full year, and 2016 revenue was 6.27 billion yuan, a year-on-year decrease of 7.33%. Street electricity was acquired from Jumei in May 2017. , The company realized revenue of 58 million yuan, a loss of 133 million for the whole year, and contributed 1% of revenue and 340% of net loss for Jumei Youpin. Earlier, according to the report of Yima, the single charging cycle of street power was the most Long, it takes nearly two years. Plus the patent failure, it's worse for the street.
On May 30, it was reported that Jumei Youpin announced on the 29th that Jumei Youpin will sell the shares held by the Baby Tree Group to third-party investors at a total price of approximately US$86.5 million. The quantity accounted for approximately 4% of the total issued shares of Baby Tree after the transaction was completed. After the completion of the transaction, Jumei Youpin also holds a 3.33% stake in Baby Tree. Some analysts believe that Jumei has reduced the holding of baby trees to make up for 'ammunition'. There are some reluctance to cut off.
Patent barriers or the key to becoming the industry
In the past one or two years, the patent warfare between companies in the shared charging treasure industry has intensified, and major companies have begun to increase the reserve of patents. Therefore, it is not ruled out that future patent barriers may become a key factor in the pattern of the industry.
Taking the above lawsuit between street phones and calls, for example, this patent war may be crucial for them to seize more market heights in the future. ' Market watchers said.
In fact, long before the lawsuit mentioned above, the owner of street electricity Chenou announced that he had spent three hundred million yuan to purchase three patents. The patent will become the next nuclear weapon in the street market competition. According to public information, the incoming call is also strengthening the reserves of its patents. The successful patented “sinking device” method of the successful street phone has also been placed on the call.
'This is in line with future industry trends. On the one hand, the shared charging industry itself has certain technical content and thresholds in terms of battery safety, practicality, and technical performance indicators. On the other hand, the country’s protection of intellectual property trends has also given way. All players in the industry have to value the reserves of their own patents. 'The above observers said.
In recent years, the protection power of the Chinese government for intellectual property has been continuously strengthened. At the Boao Forum that ended in April, General Secretary Xi Jinping clearly pointed out that accelerating the protection of intellectual property rights is the most important content of the property rights protection system. Both sides in the Sino-US trade disputes. After announcing the 'not to fight trade war', China even stated that it will speed up the progress of the legislative process concerning intellectual property rights and increase the protection of intellectual property rights.
'The strength of intellectual property protection in the future will undoubtedly be strengthened. This will enable the players in the shared charging industry to increase their emphasis on patent reserves. In addition to market factors, the industry in the future will also affect the competitive landscape of the industry. An important factor. ' Analysts say. Blue Whale TMT