With the intensification of market competition, patent disputes have become a normal state of market behavior, and various patent disputes are having a heavy blow to the booming Chinese high-tech enterprises. China's LED technology started relatively late. In recent years, it has developed very rapidly in China. The patent disputes it faces are increasing, and domestic enterprises are often in a relatively passive situation. In fact, it is not terrible to face patent disputes. What is terrible is that they are in a position of passive beating in patent disputes and they are helpless. The industry believes that understanding the nature of patent disputes and actively responding is the way out.
Upstream patent technology is still monopolized by foreign companies
In the past two years, Chinese LED companies that have experienced patent litigation have increased significantly. At the beginning of this year, two Shenzhen LED companies encountered patent litigation overseas, and finally ended up with compensation for settlement. This almost represents the experience of most LED companies in China.
Zhang Haiding, head of South China District of Beijing Jijia Intellectual Property Agency Co., Ltd., said that in the recent 1977 invention patents related to LED technology, the number of applications for Chinese enterprises was 967, accounting for 48.9%, inventor statistics. Among them, three of the top five inventors were domestic inventors. It can be seen that Chinese enterprises have formed certain technical capabilities and advantages in the middle and lower reaches of the LED packaging and application industry chain. However, corresponding to this, about 80% to 90% of the original invention patents in the upstream area of ​​the LED lighting industry chain come from the United States, Japan and European companies, mainly in the hands of large companies such as Japan, Germany, the United States and South Korea.
At present, foreign advanced enterprises have adopted a strategy of both playing and pulling for the Chinese enterprises in the face of a significant increase in the domestic technological level. For some small and medium-sized enterprises, they are more pressured, while for some powerful enterprises, they are more inclined to have conditions. Authorization, but strict patent blockade on upstream areas such as chips. In general, the patent disputes between the middle and lower reaches of the LED industry are concentrated in the establishment of the competition pattern of domestic production enterprises, and the upstream technical disputes occur in the process of domestic enterprises breaking through the foreign patent containment. In the future, patent disputes will occur regularly, and the development of domestic emerging forces will always be under this threat.
Enterprises need to seize the opportunity to actively respond
Despite the “following and blocking†of patents by foreign companies, it is not without opportunities for domestic LED companies. Starting this year, there will be a batch of LED core patents with more than 20 years of patent protection period, and a considerable part of them involve important white LEDs, which will have certain impact on the LED patent pattern, and also lack of core patent technology in China. Some LED companies bring certain development opportunities.
Zhang Haiding said that for LED companies, it is usually possible to consider early warning analysis, patent layout, patent invalidation, and weak alliances to deal with patent disputes. Enterprises can make full use of these models in light of their own circumstances. He believes that in the field of patent advantages that foreign companies have established, domestic enterprises will inevitably encounter more and more patent disputes in the process of rapid development, which is unavoidable. However, the continuous improvement of the domestic technical level and patent application and analysis capabilities, and the completion of the accumulation of intellectual property work, can allow domestic enterprises to be improved due to the status quo of patents.
This year, Shenzhen established the LED Patent Alliance to build the first LED patent database in China. The industry believes that members of the LED Patent Alliance can build a unified enterprise intellectual property management system to avoid independent development and redundant construction. Companies within the membership can carry out cross-licensing of patents to form a patent pool. In the patent battle with foreign LED manufacturers, the "patent pool" form will have stronger bargaining power.
In addition, industry insiders suggest that relevant national departments should pay more attention to the propensity of patents of foreign companies, enhance the layout of patents in the field of LEDs in China, break the existing situation of “a plate of scattered sand and separate politicsâ€, focus on investment, focus on development, and solve the problem in the LED industry chain. Key technologies, master core technologies and patents with independent property rights; further accelerate research and development of standards, relevant standards for performance, testing, energy efficiency, etc. of LED lighting products in China, establish and improve product testing platforms; carry out energy-saving certification of LED lighting products, appropriately raise foreign countries The threshold for products to enter the domestic market. In addition, enterprises and research institutions should strengthen cooperation between industry, universities and research institutes. The combination of technology and capital, research and development capabilities and production capacity will certainly develop more core technologies and patents, and promote the transfer of innovations from scientific research institutions to enterprises, effectively avoiding knowledge. Property rights risk, promote the upgrading of China's LED industry.
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