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专利运营:从FingerWorks的成功说起

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  • Time of issue:2016-12-23 01:14
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(Summary description)近几年来,专利运营的概念在领域内频繁被人们提起。前些日子小米收购微软专利、华为和苹果签署专利交叉许可协议等消息传出,专利运营的概念也再度升温。南京华讯美国专利觉得不可否认像小米、华为这样的大型科技企业在专利交易和授权领域的动作是值得关注的案例。在国内专利运营一直以来“雷声阵阵雨点寥寥”的局面里,这样的事件也的确能够吸引人们的注意。  什么是专利运营?  什么是专利运营?这是个见仁见智的问题。英语中

专利运营:从FingerWorks的成功说起

(Summary description)近几年来,专利运营的概念在领域内频繁被人们提起。前些日子小米收购微软专利、华为和苹果签署专利交叉许可协议等消息传出,专利运营的概念也再度升温。南京华讯美国专利觉得不可否认像小米、华为这样的大型科技企业在专利交易和授权领域的动作是值得关注的案例。在国内专利运营一直以来“雷声阵阵雨点寥寥”的局面里,这样的事件也的确能够吸引人们的注意。  什么是专利运营?  什么是专利运营?这是个见仁见智的问题。英语中

  • Categories:最新消息
  • Author:
  • Origin:
  • Time of issue:2016-12-23 01:14
  • Views:
Information

  近几年来,专利运营的概念在领域内频繁被人们提起。前些日子小米收购微软专利、华为和苹果签署专利交叉许可协议等消息传出,专利运营的概念也再度升温。南京华讯美国专利觉得不可否认像小米、华为这样的大型科技企业在专利交易和授权领域的动作是值得关注的案例。在国内专利运营一直以来“雷声阵阵雨点寥寥”的局面里,这样的事件也的确能够吸引人们的注意。

  什么是专利运营?

  什么是专利运营?这是个见仁见智的问题。英语中没有能和中文“专利运营”完全对应的一个表达,比较接近的是“Patent Monetization”,直译为“专利货币化”。在我看来,专利运营简单来说就是通过专利获得收入,其主体可以是个人,也可以是企业、高校或研究机构等实体。

  如果以“Patent Monetization”为标准来理解,小米收购微软专利的行为并不属于专利运营,因为收购专利给小米带来的是资产而非直接的金钱收益,而华为和苹果的交叉许可则是典型的专利运营。不过,尽管华为和小米的案例都有值得关注的点,但它们都属于典型大企业的专利策略行为,在国内创新创业呼声高涨的今天,人们也许更应该关注初创或中小企业的专利运营,它们做专利运营的模式和成功与否,才能更为准确地反映国内专利运营领域的大环境。在美国,初创或中小企业的专利运营十分活跃,对国内应该也有可借鉴的地方。

  FingerWorks的成功之路

  实例最有说服力。人们都知道多点触屏控制(Multi-Touch,简称多点触控)是苹果很多产品的特色功能之一,却不知道它的产生与中小企业的专利运营有着密切的联系。1998年,特拉华大学的两名技术人员Wayne Westerman和John G. Elias发明了多点触控技术,其后不久,他们注册成立了一家小公司开始创业。这家名不见经传的公司叫FingerWorks。

  出于对自身技术成果的看重,Westerman和Elias通过特拉华大学聘请了非常专业的代理人为他们制定了专利申请策略并撰写递交了相关专利申请。代理机构利用美国专利申请的续案制度[1],始终保持在美国专利局中有至少一份专利申请在进行,将自己的核心发明做了良好的美国专利申请与布局保护。

  不过,FingerWorks前几年的发展却并不顺利。在90年代末,那时流行的触屏产品主要是液晶类的单点触控技术,多点触控技术的发明在当时的硬件条件下还难以做出真正成熟且廉价的产品。2000年时的FingerWorks和很多初创企业一样,还在为公司到底做出什么样的产品和如何融资而发愁。偶然的机会,他们在一次投资人会议上遇到了一位精于商业运营的投资人Jeff White,后者在看了他们的技术演示及专利情况后提出加入,并许诺可以帮助他们盈利,条件是由自己负责公司管理和运营。在Jeff White的操持下,FingerWorks与IBM、微软、NEC、苹果等企业开始了接洽。

  苹果在当时正在开发为Mac台式电脑设计的触控板产品Trackpad,FingerWorks的出现正中其下怀,苹果还意识到多点触控在手机上也可以有广阔的应用。在了解FingerWorks的专利布局情况之后,2005年苹果完成了对FingerWorks的收购,而从苹果谋求专利授权到收购FingerWorks只隔了不到8个月。

  两年后的2007年1月,乔布斯对外发布了第一代iPhone,多点触屏技术也成为这款手机最引人注意的技术亮点之一。而FingerWorks的团队也获得了不菲的收益。创始人Westerman和Elias如今都成为了苹果非常成功的技术管理层,Jeff White则成为运营专家见诸报端。苹果在后来则不断为这一技术在美国、日本、欧洲、韩国等国家和地区就不同的创新点申请新专利,至今已衍生出一个近两百件的专利家族,牢牢地将多点触控技术的核心专利控制在自己手中。下图为苹果在美国申请的专利:

  回顾这个故事,人们可以在其中发现很多与专利运营有关的亮点。

  可以假设:如果由FingerWorks自己去开发多点触控技术的相关产品,这个只有寥寥数名员工的企业会如何?在90年代末的硬件环境里,这个小企业很可能坚持不到成熟的产品面世。

  而如果FingerWorks创始初期并没有对自己的核心技术做好专利保护,是否能引来Jeff White的加入?是否还会有后来苹果谋求授权乃至收购这家公司?我想答案也很显然。

  今天来看,收购FingerWorks对双方来说显然是双赢的结果,而这一结果的达成,拥有核心技术且做好专利保护,则是最为重要的条件。如今的市场上早已没有了FingerWorks,但它成功了吗?我想是的。从某种意义上说,FingerWorks的成功恰恰是一场专利运营的成功——拥有核心专利,并以此作为企业最具价值的资产实现收益。

  故事讲完了。南京华讯美国专利认为今天的中国,创新创业的环境正在逐步优化,专利运营作为一个新概念也正影响着领域内外的创业者们。对于拥有核心技术的初创企业来说,借鉴FingerWorks这样先例应该会有其积极意义。希望在未来的国内也会涌现出很多类似FingerWorks这样的案例,那时国内的专利运营环境会远比今天要好。

Electronic

Electronic Arts pledges free use for five accessibility patents

Electronic Arts pledges free use for five accessibility patents Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.  Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version. Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.  The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The code of the mentioned technology is published on EA’s GitHub, and it is open to all developers. Thus, the developers can use it or adapt it for their games without spending the costs to research. It is good that EA shares the patents for free use and aims to create an accessibility-increased gaming environment for players. However, it is not “unconditional” to use the listed patents. In the pledge, EA mentioned that it may terminate the promise for a specific party which files a patent infringement lawsuit or other patent proceedings against EA. We can see parts of EV’s ambition behind the announcement—to build a large game developer league and a community of shared interests.     Reference: https://www.ea.com/commitments/positive-play/accessibility-patent-pledge https://iknow.stpi.narl.org.tw/Post/Read.aspx?PostID=14562 https://www.polygon.com/22639469/apex-legends-electronic-arts-patent-pledge-accessibility-developers https://www.theverge.com/2021/8/24/22638535/ea-accessibility-patent-pledge-apex-legends-ping-system https://www.gamesradar.com/ea-secures-a-patent-for-the-apex-legends-ping-system-and-its-giving-it-away-for-free/ https://dotesports.com/apex-legends/news/apex-legends-ping-system-is-now-patent-free-for-accessibility https://www.nintendolife.com/news/2021/08/apex_legends_ping_system_now_patent-free_as_ea_announces_accessibility_pledge Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.    Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version.   Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.    The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The
2021-10-22
The

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully!

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully! In response to the call for building a strong country with intellectual property rights, at 2 o'clock in the afternoon of October 21, the forum on "China's reform measures related to intellectual property rights and new trends in patent litigation" will be successfully held in Nanjing Jiangbei New District Industrial Technology Research and Innovation Park. The event was hosted by the Science and Technology Innovation Bureau of Nanjing Jiangbei New Area Management Committee, Nanjing Jiangbei New Area Industrial Technology Research and Innovation Park, Nanjing Intellectual Property Rights Protection Assistance Center Jiangbei New District Center, Nanjing Huaxun Intellectual Property Consultant Co., Ltd., Nanjing Intellectual Property Co-organized by the Protection Center (Nanjing Intellectual Property Rights Protection Assistance Center), Taiwan Pharmaceutical Development Association, and Gene Online. The director of Nanjing Intellectual Property Protection Center, Mou Xiaojian, delivered a speech. Director Mu expressed his warm congratulations on the holding of this event and introduced in detail the new pattern of intellectual property protection in Nanjing. He said: At present, Nanjing has implemented a rights protection assistance network in the municipal area. With full coverage, Nanjing Intellectual Property Protection Center is willing to closely communicate and interact with Nanjing's innovation entities, and provide relevant public welfare services such as rapid pre-review, rapid rights protection, and comprehensive utilization for enterprises in need. In addition, Huang Funan, CEO of Gene Online, was unable to come to congratulate due to the epidemic, and recorded a congratulatory video. In the video, he said: China Innovative Pharmaceuticals has already made many outstanding achievements on the international stage, and these are inseparable from intellectual property rights. The support of the company can also show the importance of intellectual property rights to biotechnology and pharmaceutical companies. This event invites four industry experts to focus on China's reform measures related to intellectual property rights and new trends in patent litigation, discuss with companies and universities, and make arrangements in advance. Dr. Qingchen Hou, general manager of Nanjing Huaxun Intellectual Property Consulting Co., Ltd., introduced the "Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)" and explained his views from four aspects: background, strategic layout, overall requirements, and organizational guarantees. . Subsequently, a detailed analysis of China's patent linkage system was carried out, and compared with the same types of cases at home and abroad, questions were raised: Why should we reward the first person who successfully challenged patents? Not the first person to file a P4 application? And have a series of discussions with you. Director Jiang Haijun of the Intellectual Property Protection Legal Committee of the Nanjing Lawyers Association gave a speech on three points: the problems after the amendment of the patent law, the enforceability of the amount of compensation, and the legal conflicts related to service inventions. Regarding the patent right evaluation report, he emphasized that the patentee, interested party or accused infringer can also proactively issue a patent right evaluation report. "Patent is a work of art that combines technology and law" is a message shared by Mr. Feng Tao from Jiangsu Junbo Law Firm at this event. Mr. Feng analyzes the big data of Chinese patent litigation cases through graphs and examples. Explore. The last topic of the event was shared by Guo Huangying, Intellectual Property Manager of Nanjing Huaxun Intellectual Property Agency (General Partnership)-China's Patent Infringement Judgment Principles and New Developments. Manager Guo explained to everyone the principles of patent infringement judgment and the necessity of patent infringement search and analysis before producing and selling products. In the intellectual property industry, ECCOM has been providing high-quality and professional comprehensive intellectual property services to enterprises and universities one step at a time. It also hopes that under the leadership of the state and the government, it will contribute to the building of a strong intellectual property nation in China. Make a contribution.
2021-10-22
Types

Types of patents that are easily overlooked- Design Patent

Types of patents that are easily overlooked- Design Patent In recent years, as the public’s awareness of intellectual property has increased, people have begun to consciously use the patent law to protect their intellectual property rights. However, in the process of implementation, they often only focus on invention patent and utility model patent, and tend to ignore the protection of design patent. Recently, Midea sued Haotaitai for two models of CXW-300-D998 and CXW-300-D908 Haotaitai brand range hoods In the case of suspected infringement of its design patent (patent number: ZL201930621598.X), the Guangzhou Intellectual Property Court made a first-instance judgment after hearing that it determined that the two products of Haotaitai constituted infringement, and ordered it to immediately stop the infringement and compensate Midea, The company's economic losses and reasonable expenses totaled 360,000 yuan. In fact, appearance infringement cases have occurred from time to time before, such as: "Molly" blind box design patent case, "Siemens" switch design patent infringement dispute case received a compensation of 6 million yuan, three Casio watch design patents were infringed Received a compensation of 8.8 million yuan and so on. The reason why people ignore the protection of design patents, in the final analysis, is that they have insufficient knowledge of design patents. Today, let's take a look at what is protected by design patents and what rights protections can we apply for? Design patent definition: Article 2 of the "Patent Law", design patent, refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of products, and the combination of color, shape, and pattern. Protected range: The shape of the product; the pattern of the product; the shape and pattern of the product; the shape and color of the product; the pattern and color of the product; the shape, pattern and color of the product. Protection period: The term of protection for design patent rights is 15 years, calculated from the date of filing. What are the conditions for applying for a design patent? The design should be aesthetically pleasing Appearance patents should be suitable for industrial applications The design patent application should be novel The design patent application should be inventiveness What are the advantages and functions of design patents? Protect the rights and interests of enterprises in product designs and fight against infringements in market competition. To enhance brand value, the quality and quantity of patents are the embodiment of the company's innovation ability and core competitiveness. Receive consumer recognition. If a company's new product appearance is filed for a patent in a timely manner, its appearance design will enjoy the exclusive right. Nowadays, consumers often choose products with trendy and beautiful appearance when buying their products. Applying for a design patent is a necessary condition for applying for a high-tech enterprise.
2021-09-26
Colopl

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million   This August, Nintendo and a game developer Colopl announced that they have settled for patent infringement regarding White Cat Project (Shironeko Project in Japanese), a smartphone game developed by Colopl. Although both companies did not publicly share exact details of the settlement, at least it is sure that Colopl agreed to pay 3.3 billion yen (about US$30.2 million) as the settlement fee for the proceedings, including the future license of Nintendo's patents.    How did the battle begin?  Being developed and published by a Japanese game developer, Colopl, White Cat Project is a free-to-play action role-playing game for Android and iOS systems. The mobile game was launched in July 2014 as well as got a television anime adaptation in 2020. It is incredibly popular to have more than 50 million downloads. Furthermore, the game is set to receive a Switch version titled "Shironeko New Project".    In September 2016, Nintendo noted the Colopl's game and considered that the game had infringed on several of Nintendo's technology patents. The two companies communicated with each other for over a year; however, Nintendo did not accept the explanations from Colopl, and Nintendo filed a lawsuit against Colopl at the beginning of 2018.    Nintendo claimed that Colopl infringed 6 of its patents. These patents protect touch-screen joystick functionality (patent no. JP3734820), multiplayer connectivity (patent no. JP5595991, JP6271692), confirmation screens in sleep mode (patent no. JP4010533), character attacks based on touch input locations (patent no. JP4262217), and a shadow effect placed on characters hidden behind the game geometry (patent no. JP3637031).   These patents almost cover various ways of game technology, especially the patent  JP5595991 and JP6271692. Their patent family is wide-reaching, and many divisional applications of the family are pending in Japan. They protect a communication game system and its related devices. It is not easy to detect the patent's existence and boundary since this kind of hardcore technique is so common in the gaming field and our daily lives.     The five-year patent war has been settled.  After a five-year dispute, the situation appeared to turn in Nintendo's favor as the Switch maker increased its monetary demands, which convinced Colopl to strike a deal that lets it use the disputed patents. Furthermore, a Switch version of White Cat Project remains in the works at Colopl.    With the extraordinary losses of Colopl, the legal battle between the two companies came to an end.  
2021-09-09
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