3 Key Elements of Successful Patent Operations
Release time:
2016-12-21 01:17
In recent years, with the establishment and consolidation of China's patent power status, the economic value of patent assets has been paid more and more attention, and it has become a consensus in the industry to enhance and realize the value of patent rights through patent operation.
Economics believes that the value of various factors of production can be maximized only through operation, and the so-called "operation" refers to the operation and operation of factors and their movement on the basis of market allocation for the purpose of maximizing the value of factors. It has two meanings: first, operation is an important mode of social allocation of resources under the condition of market economy. It optimizes the resource allocation structure of society through the flow of resources at a certain level. Second, from the micro point of view, the premise of operation is to respect and make use of market rules, through the technical operation of the operating object, to achieve value-added, benefit growth of a business model.
A successful patent operation usually has the following factors:
1, large-scale patent operating funds are the premise of patent operation.
Patent operation is a systematic project. From patent technology evaluation, to patent investment, to the construction of patent trading platform, it is inseparable from the introduction of a large number of large-scale capital flows. For example, the three major funds with a total capital of $5 billion billion are supporting the operation of the private business model. The capital structure of Bavarian Patent Union Co., Ltd., which supports the public welfare private operation company model, covers the special support funds of 8 million euros provided by the German government every two years, as well as the capital investment of associations such as the Bazhou Chemical Industry Federation and the Metal and Electronic Employers Federation.
Therefore, in order to develop the patent operation business, we must first open up the channel for the patent operation subject to obtain and invest the large-scale patent operation funds.
2, elite patent operators are the support of patent operations.
The object of patent operation is a patented technology with market prospects, and the way to obtain patented technology is either self-created or purchased from the patentee. Whether it is self-created or purchased, it is necessary to make a reasonable and accurate assessment and judgment of the market value of the technology itself, and the market value assessment of patented technology depends on elite patent operators. In addition, in order to earn high service commissions, patent operators also need to regroup, package and promote patented technologies with market prospects, and these activities all rely on elite patent operators.
Therefore, to build a high-quality patent operation talent team is the support of patent operation. For example, the American Gaozhi Company has more than 800 professionals, and its expert team is 1/3 technical experts, 1/3 legal experts, and finally 1/3 economic experts.
3, standardized patent operation system is the guarantee of patent operation.
Because the patent operating company adopts the corporatization mode to operate, its main purpose is to make profits. If there is no effective system of regulation, some patent operating companies will use the manipulation of patents in their hands, abuse patent rights, conduct malicious litigation, and become the so-called "patent devil" (Patent Troll), for example, the Sisvel patent operating company from Italy has attracted the attention of the domestic industry because it has repeatedly seized and detained the products of Chinese enterprises including Huawei and Huaqi in Europe. The abuse of patent rights by the "patent devil" will undoubtedly deviate from the original intention of the patent system to promote technological innovation.
Therefore, in the process of encouraging the operation of patents, developed countries will incorporate the corresponding abuse of patent rights into the "Anti-Monopoly Law" to regulate the operation of patent operating companies. For example, the Anti-Monopoly Law Guidelines for Patent and Technology Secret Licensing Agreements issued by the Japan Fair Trade Commission in 1999 regulates patent and technology secret licensing, including cross-licensing and other licensing methods. [8] In April 2006, the U.S. Senate introduced the Patent Quality Act, which includes an end to unscrupulous patent piracy. Subsequently, 2007 and 2008 American reformers continued to push for reform of patent law.