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A War on Intellectual Property: Rules for the Use of Invalid and Valid Patents 2015 Intellectual Property Information

85% of the patents created every year in the world have not applied for patents, and among domestic patents, the number of expired patents is close to half of the total number of patents.

According to the rules of the intellectual property game, invalid patents and expired patents are free to use.

Not long ago, the Shanghai Patent and Trademark Office accepted a patent consulting commission. A foreign pharmaceutical company came to consult through lawyers. In recent years, the domestic patent situation in biomedicine, including the number of patent applications, applications

Regarding the content, applicant unit, etc., the Patent and Trademark Office organized extensive inquiries by relevant experts and finally provided a detailed report.

Judging from the content of the entrusted consultation, this pharmaceutical company had not yet entered the market at that time, but it may enter the market in the next three to five years.

?Chen Shenjun said that at the Shanghai Patent and Trademark Office, we often receive such patent consultations.

This kind of intelligence warfare can go into the planning and layout of corporate strategy at a macro level, and it can go into whether a product needs to be launched at a micro level.

95% of the world's inventions and creations can be found through patent documents.

?Xie Xitang introduced that according to statistics, using patent documents can save 40% of research time and 60% of research funds.

For example, in drug research, it is a long process for foreign pharmaceutical manufacturers to apply for a drug patent to be officially approved. When a drug patent is first applied for, Indian generic drug manufacturers begin to research generic drugs. Compared with our country, they have to wait until the drug is officially launched.

It will be a big step ahead for future research.

The American Intellectual Property Corporation is a new model emerging in NPN (NonPracticingEntity, that is, non-patent implementation entity). Some NPNs have an unpleasant nickname: patent troll.

However, IV’s unique model has enabled the company to become one of the largest patent aggregation companies in the world just 15 years after its establishment, with tens of thousands of patents that are producing benefits, investment commitments of more than 6 billion US dollars, and more than 30 patent aggregation companies since its establishment.

billion in business revenue.

In 2008, Intellectual Property entered the industry and quickly discovered a situation: patent fragmentation was serious.

Universities, scientific research institutes, and enterprises lack close integration, and patents are scattered and scattered, unable to exert aggregation effects. Experimental results cannot leave the laboratory, and industrial transformation is difficult.

Two operating models of Intelligent Invention Company have been launched. One is to start tracking information during the patent application stage, and the other is to invest and sponsor during the patent research stage.

IV cooperates with more than a dozen top-ranked universities, including Shanghai Jiao Tong University and East China University of Science and Technology.

The cooperation content includes advance payment, PCT international patent drafting, application and maintenance fees, profit sharing, intellectual property export, funded research, project expansion and other aspects.

In September 2010, East China University of Science and Technology posted a new notice on the school website to apply for the "International Invention Joint Innovation Fund". The notice stated that the National Technology Transfer Center of East China University of Science and Technology and Intellectual Property Corporation cooperated on international patent applications and formulated

The Huali-Intel Asia International Invention Cooperation Program encourages relevant teachers to innovate and invent, and provides an average grant of US$50,000 to approved teachers.

Make good use of expired and invalid patents In the past few years, an intermediary agency organized more than 100 foreign patents to be listed and traded in China. Many colleges and universities, scientific research units, science and technology parks, invention associations, chief engineers and other industry associations and companies have gone there.

"Looking for treasures", most companies that are interested in foreign patents invest hundreds of thousands of yuan to buy them.

After this news was reported by the media, the relevant leaders of the Intellectual Property Office at the time repeatedly called the intermediary agency an "amateur" and the company that purchased the foreign patents was a "foreign dealer" and had spent a lot of money.

It turns out that these foreign patents have basically not been applied for in our country. According to the rules of the intellectual property game, they are invalid patents in our country.

Experts believe that more than 80% of enterprises in our country do not have a patent and have weak innovation capabilities and difficulty in independent research and development of patents. Therefore, our country’s intellectual property strategy should be diversified: the high-end strategy is to encourage original innovation,

For secondary innovation, we not only compete for local patents, but also compete for territory in the international market and form patent intersections with developed countries.

The low-end strategy is to formulate and adopt roundabout tactics to help many companies with low R&D investment and weak innovation capabilities actively use expired patents.

Doing so will allow these companies to break out of the patent circle of multinational groups in the short term and gain a breathing space. In the long term, it will help enhance corporate strength and find steps for further development.