85% of the patents created every year in the world are not patented, 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 and expired patents are free to use.
To plan the article, explore the facts first
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, domestic Regarding the patent situation in biomedicine, including the number of patent applications, application content, application units, etc., the Patent and Trademark Office organized relevant experts to conduct extensive inquiries 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 inventions and creations in the world can be found through patent documents. Xie Xitang said 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.
Sit back and wait for success
The American Intellectual Property Corporation is a new model emerging in NPN (NonPracticingEntity, that is, non-patent implementation entity). Some NPNs have an unpleasant appearance. No.: 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 current 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 universities, research institutions, and science and technology parks Industry associations and companies such as the Invention Association and the Chief Engineer have gone to "hunt for treasures" one after another. Most of the companies that are interested in foreign patents have invested 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 claimed that the intermediary agency was an "amateur" and the company that purchased the foreign patents was a "foreign dealer" and that it was a waste 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 our country’s companies do not yet 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 and mid-range strategy is to encourage enterprises, scientific research institutes and Original innovation and secondary innovation in colleges and universities not only compete for local patents, but also compete in the international market to form patent intersections with developed countries. The low-end strategy is to formulate and adopt roundabout tactics to help many companies with low 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.