It is learned that Guangya’s LED network in the new century is preparing the first domestic LED technology trading festival. After consulting a number of sources, the reporter found that it was not only in China but even internationally that the LED technology transaction was separately mentioned in the complete trading system.
At present, LED technology is generally held by scientific research institutes, universities, LED companies and a few individuals. Scientific research institutes and universities have high technology and energy for R&D. It can be said that they are at the forefront of LED technology. However, due to the fact that they are out of actual production, there is a huge gap in the transformation of results into industries. The government, universities, and institutions have also realized that the results of scientific research are derailed from the market, resulting in a large number of results being buried, or being applied only after many years, becoming a major obstacle to the popularization of LED applications. At the same time exist in the company's large number of patents, due to fierce market competition, monopoly of the core technology, and frequent patent litigation and other reasons, which make the company each occupy its own city, who are not willing to share it, in August 2010 Shenzhen LED Industry Alliance The joint patent pool plan of several LED companies has also become an empty talk.
With regard to the current state of technology development in the LED industry and the in-depth understanding of a large number of medium-sized LED manufacturing companies, technology conversion or technology trading seems to be an urgent need for the industry, and why the industry only has a large number of technology for the purpose of promotion, technology Communication, but can not really achieve in-depth communication and technology transactions? The reporter visited a number of industry professionals and intellectual property agencies, except that some patented technologies are the core competitiveness of enterprises, and there is no intention to open cooperation. The main reason is that the trading system is not perfect.
According to relevant statistics, as of August 2010, China's LED industry original related patent applications for more than 25,000 pieces. In the global patent database, a total of 124,000 patents related to LED lighting were retrieved, of which more than 49,000 were original patent applications in Japan, accounting for nearly 40% of the global total; more than 25,000 patent applications were originally filed in China. China LED lighting patent applications are mainly distributed in Guangdong, Taiwan, Zhejiang, Shanghai, Jiangsu, and Beijing. Guangdong Province has the highest number of applications, accounting for 26.3% of China's domestic applications. Patent applications, on the other hand, are mainly focused on downstream packaging applications. The number of key technologies in the core areas is obviously insufficient.
The proportion of domestic and foreign patent applications in China
At the 2011 Guangzhou International Lighting Fair, George Crawford, the former CTO of the international LED lighting giant Philips LumiLEDs and the inventor of Huang Guang LED, said that at present, China’s LED companies are infringing the patents of some international LED giants by developing their own LED chip products and application products. Chinese LED companies may face patent litigation from international giants. Previously, domestic experts have pointed out that the vast majority of invention patents of domestic LED enterprises are not original, all are based on the original patent of the international giant LED to do some repairs, and its patent gold content is also greatly reduced. If the patent lawsuit is filed with the international LED giants, nearly 70% of domestic companies' LED invention patents may be invalid.
Therefore, for quite a long time, patent barriers have become an insurmountable obstacle to the development of domestic LED companies. Establishing a technology transfer platform in China is a large number of scattered patents, and it is imperative to establish a patent group that is mainly downstream. Technical trading is still a very strange concept in China. In practice, many technical and legal issues are involved, making it difficult to implement technical transactions. Ms. Dun Haizhou of Guangzhou Shenglihua Intellectual Property Agency Co., Ltd. gave an explanation on the issue of LED technology transaction at the legal level.
First of all, any patent-related transaction must first define the definition of intellectual property. Intellectual property rights refer to the exclusive rights enjoyed by right holders for the intellectual labor they create. It is an exclusive right granted to the eligible authors and inventors or the owners of the results within a certain period of time in accordance with the laws of various countries. There are two types of rights: one is copyright and the other is industrial property rights. The aforementioned LED technology trading festival mainly refers to patent transactions in industrial property rights. This involves the problems before, during and after the transaction.
Before the transaction: In the LED technology transaction, it is very important that the rights are effective.
Because the patent right is granted by the national patent administrative department to the applicant within a certain period of time. Therefore, before the transaction, it is very important to determine the validity of the rights.
If a patent is in the application stage or is published before authorization, then its rights are uncertain. Then transactions based on such patent texts will result in ambiguities in the rights that are finally obtained because of the uncertainty of rights. In severe cases, the right to be traded cannot be implemented at all because the rights traded are covered by another patent that has already taken effect.
The characteristics of China's failure to substantively review utility models. Therefore, the rights of already licensed utility model patents are unstable. It is possible that after the search, its rights are challenged or even invalid. Therefore, the value of a patent will be reduced as a result of transactions under such rights.
After the disclosure, or after the authorization, it is withdrawn for different reasons, and it is deemed to be withdrawn, expired, or terminated for different reasons, making the patent a lapsed patent. A lapsed patent is a free, well-known right that anyone can use for free.
In the transaction: Because patent documents are a combination of technology and law. To trade it, it is also hoped that the technology described therein can bring about technological advancement, process improvement, or market success. For this reason, during the transaction process, we will focus on whether the actual issues described in the patent literature can achieve the effect, implementability, and scope of their rights protection. This requires technical staff and legal personnel to work together to complete.
The technical effect and the implementability of the technology can be judged based on the experience of the engineer; and the scope of protection of the right requires professional interpretation of the claims of the legal person to determine the scope of the protection and the patent transaction. The substantive content.
After the transaction: After both parties to the transaction have reached an agreement, both parties need to sign a patent transaction contract and register with the national patent administrative department to complete the patent transaction process.
When signing a transaction contract, it is necessary to clarify the types of patent transactions: general licenses, exclusive licenses, exclusive licenses, transfer of patent rights, etc. to avoid unnecessary disputes.
In general, a patent transaction is a transfer of the rights of a patent document that records technical information. Therefore, the focus of attention is different in different phases of patent transactions.
Only with effective patent rights, the value of the patent will be relatively high during the transaction process. The expired patent can be used free of charge. At the same time, we must ensure that the rights and technology traded are consistent. Finally, the types of patent transactions need to be clarified to clarify the rights and responsibilities of both parties to the transaction.
It can be seen that the LED technology trading platform has a long way to go. We look forward to the “2011 Asian LED technology trading festival†that the trial of the crab can actually promote LED technology transactions, and establish an LED technology trading system. The industry is a feat.
At present, LED technology is generally held by scientific research institutes, universities, LED companies and a few individuals. Scientific research institutes and universities have high technology and energy for R&D. It can be said that they are at the forefront of LED technology. However, due to the fact that they are out of actual production, there is a huge gap in the transformation of results into industries. The government, universities, and institutions have also realized that the results of scientific research are derailed from the market, resulting in a large number of results being buried, or being applied only after many years, becoming a major obstacle to the popularization of LED applications. At the same time exist in the company's large number of patents, due to fierce market competition, monopoly of the core technology, and frequent patent litigation and other reasons, which make the company each occupy its own city, who are not willing to share it, in August 2010 Shenzhen LED Industry Alliance The joint patent pool plan of several LED companies has also become an empty talk.
With regard to the current state of technology development in the LED industry and the in-depth understanding of a large number of medium-sized LED manufacturing companies, technology conversion or technology trading seems to be an urgent need for the industry, and why the industry only has a large number of technology for the purpose of promotion, technology Communication, but can not really achieve in-depth communication and technology transactions? The reporter visited a number of industry professionals and intellectual property agencies, except that some patented technologies are the core competitiveness of enterprises, and there is no intention to open cooperation. The main reason is that the trading system is not perfect.
According to relevant statistics, as of August 2010, China's LED industry original related patent applications for more than 25,000 pieces. In the global patent database, a total of 124,000 patents related to LED lighting were retrieved, of which more than 49,000 were original patent applications in Japan, accounting for nearly 40% of the global total; more than 25,000 patent applications were originally filed in China. China LED lighting patent applications are mainly distributed in Guangdong, Taiwan, Zhejiang, Shanghai, Jiangsu, and Beijing. Guangdong Province has the highest number of applications, accounting for 26.3% of China's domestic applications. Patent applications, on the other hand, are mainly focused on downstream packaging applications. The number of key technologies in the core areas is obviously insufficient.
The proportion of domestic and foreign patent applications in China
At the 2011 Guangzhou International Lighting Fair, George Crawford, the former CTO of the international LED lighting giant Philips LumiLEDs and the inventor of Huang Guang LED, said that at present, China’s LED companies are infringing the patents of some international LED giants by developing their own LED chip products and application products. Chinese LED companies may face patent litigation from international giants. Previously, domestic experts have pointed out that the vast majority of invention patents of domestic LED enterprises are not original, all are based on the original patent of the international giant LED to do some repairs, and its patent gold content is also greatly reduced. If the patent lawsuit is filed with the international LED giants, nearly 70% of domestic companies' LED invention patents may be invalid.
Therefore, for quite a long time, patent barriers have become an insurmountable obstacle to the development of domestic LED companies. Establishing a technology transfer platform in China is a large number of scattered patents, and it is imperative to establish a patent group that is mainly downstream. Technical trading is still a very strange concept in China. In practice, many technical and legal issues are involved, making it difficult to implement technical transactions. Ms. Dun Haizhou of Guangzhou Shenglihua Intellectual Property Agency Co., Ltd. gave an explanation on the issue of LED technology transaction at the legal level.
First of all, any patent-related transaction must first define the definition of intellectual property. Intellectual property rights refer to the exclusive rights enjoyed by right holders for the intellectual labor they create. It is an exclusive right granted to the eligible authors and inventors or the owners of the results within a certain period of time in accordance with the laws of various countries. There are two types of rights: one is copyright and the other is industrial property rights. The aforementioned LED technology trading festival mainly refers to patent transactions in industrial property rights. This involves the problems before, during and after the transaction.
Before the transaction: In the LED technology transaction, it is very important that the rights are effective.
Because the patent right is granted by the national patent administrative department to the applicant within a certain period of time. Therefore, before the transaction, it is very important to determine the validity of the rights.
If a patent is in the application stage or is published before authorization, then its rights are uncertain. Then transactions based on such patent texts will result in ambiguities in the rights that are finally obtained because of the uncertainty of rights. In severe cases, the right to be traded cannot be implemented at all because the rights traded are covered by another patent that has already taken effect.
The characteristics of China's failure to substantively review utility models. Therefore, the rights of already licensed utility model patents are unstable. It is possible that after the search, its rights are challenged or even invalid. Therefore, the value of a patent will be reduced as a result of transactions under such rights.
After the disclosure, or after the authorization, it is withdrawn for different reasons, and it is deemed to be withdrawn, expired, or terminated for different reasons, making the patent a lapsed patent. A lapsed patent is a free, well-known right that anyone can use for free.
In the transaction: Because patent documents are a combination of technology and law. To trade it, it is also hoped that the technology described therein can bring about technological advancement, process improvement, or market success. For this reason, during the transaction process, we will focus on whether the actual issues described in the patent literature can achieve the effect, implementability, and scope of their rights protection. This requires technical staff and legal personnel to work together to complete.
The technical effect and the implementability of the technology can be judged based on the experience of the engineer; and the scope of protection of the right requires professional interpretation of the claims of the legal person to determine the scope of the protection and the patent transaction. The substantive content.
After the transaction: After both parties to the transaction have reached an agreement, both parties need to sign a patent transaction contract and register with the national patent administrative department to complete the patent transaction process.
When signing a transaction contract, it is necessary to clarify the types of patent transactions: general licenses, exclusive licenses, exclusive licenses, transfer of patent rights, etc. to avoid unnecessary disputes.
In general, a patent transaction is a transfer of the rights of a patent document that records technical information. Therefore, the focus of attention is different in different phases of patent transactions.
Only with effective patent rights, the value of the patent will be relatively high during the transaction process. The expired patent can be used free of charge. At the same time, we must ensure that the rights and technology traded are consistent. Finally, the types of patent transactions need to be clarified to clarify the rights and responsibilities of both parties to the transaction.
It can be seen that the LED technology trading platform has a long way to go. We look forward to the “2011 Asian LED technology trading festival†that the trial of the crab can actually promote LED technology transactions, and establish an LED technology trading system. The industry is a feat.
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