A.O.史密斯金圭内胆美国专利的中国真相：一张白纸

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Time of issue:2016-10-17 15:44
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(Summary description)南京华讯报：在最近十年以来，对于美资热水器企业A.O.史密斯来说，参与中国电热水器市场竞争的最大竞争筹码，就是其所拥有的"美国专利"金圭内胆技术。　　不过对于从事专利技术的人士来说，美国发明专利看上去确实很美丽。但是，全球对专利申请采取的不是备案制，而是审查制。美国专利技术，如果不在中国申请相应的专利技术或保护，对于中国市场来说只是一张废纸。　　据南京华讯了解，家电圈刊登的一篇《中国家电市场最会讲

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A.O.史密斯金圭内胆美国专利的中国真相：一张白纸

Categories:最新消息
Author:
Origin:
Time of issue:2016-10-17 15:44
Views:

Information

　　南京华讯报：在最近十年以来，对于美资热水器企业A.O.史密斯来说，参与中国电热水器市场竞争的最大竞争筹码，就是其所拥有的"美国专利"金圭内胆技术。

　　不过对于从事专利技术的人士来说，美国发明专利看上去确实很美丽。但是，全球对专利申请采取的不是备案制，而是审查制。美国专利技术，如果不在中国申请相应的专利技术或保护，对于中国市场来说只是一张废纸。

　　据南京华讯了解，家电圈刊登的一篇《中国家电市场最会讲故事的企业，竟然是A.O.史密斯》文章，在家电厂商之间引发热议。多位从事专利技术的业内人士就直言不讳指出，A.O.史密斯在美国申请的"金圭内胆"专利技术，一直没有在中国申请并取得相应的专利技术，就是忽悠市场和用户。

　　美国专利，并不享受中国专利的待遇

　　对于很多中国家电企业来说，拥有一项国家专利技术，特别是发明专利，是对其技术研发实力的一种认可和肯定。同样，多年来A.O.史密斯也正是借助一项美国专利技术，推销其电热水器，彰显自身技术实力。

　　但是，对于专业人士来说，专利权，是一个国家和政府利用其执政权授予发明创造的"法律独占权"，所以这个权力有效的前提，就是在该国范围内。

　　所以，任何一个专利都是某个具体国家专利，并且它只在该国有效。任何人在其它国家都可以无偿使用。比如，平衡车最原始专利只是在美国申请的，故此中国企业在中国生产销售平衡车是合法的，如果出口到美国就存在侵权。

　　由此，对于A.O.史密斯来说，其金圭内胆的美国专利技术和产品并不会得到中国专利法保护。事实上，通过中国国家专利局的专利检索系统，也可以看到，A.O.史密斯一直未就这项所谓的美国专利技术，在中国申请专利，并没有谋求相应的专利保护。

　　是这项技术在中国无法获得发明专利，还是A.O.史密斯有其它商业原因，不愿意申请中国专利技术?个中原因，外界不得而知。至少有一点，这项专利在美国专利局官网，可以清楚地看到相应的内容和技术原理，并没有保密。

　　A.O.史密斯，利用信息不对称讲故事

　　过去十多年以来，甚至直到今天，A.O.史密斯都将其拥有的"美国专利"作为标榜和凸显产品技术领先优势的重要内容。无疑，就是利用了中国消费者对于专利技术这一专业信息的认知空白，以及中美两国信息不对称的便捷条件，达到其商业目的。

　　来自A.O.史密斯对外公开宣传显示，所谓的金圭内胆技术，就是一种内胆涂层，将特种硅化物均匀涂在内胆内壁上。来自美国国家专利商标局的公开查询可以看到，A.O.史密斯这项"金圭内胆"专利技术，于1999年申请获得，采用的是美国杜邦的化工涂料。

　　南京华讯美国专利专业人士进一步指出，除了要确认"美国专利在中国无效，必须重新申请"这一基实外，还需要进一步厘清"专利技术实现的目的和路径"。比如说，从北京去上海，可以是高铁、飞机，也能是公路。从这个角度来看，不要被A.O.史密斯"美国专利"表象忽悠，还应该看到电热水器内胆防腐蚀除了这一手段，其实还有其它更好的技术方式。

　　A.O.史密斯的金圭内胆，采用的是美国杜邦涂料，解决电热水器长期耐腐蚀问题。那么，对于中国企业来说，同样拥有大量可以解决电热水器长期耐腐蚀、耐用的作用，效果可能会更好。从这个角度来看，消费者完全没有必要为了所谓的"美国专利"，在购买A.O.史密斯的电热水器时多付出几百元，甚至上千元。

　　作为一家拥有142年历史的美国企业，进入中国市场已有18年的历史。但是，A.O.史密斯无论是过去10多年抢夺中国电热水器市场，还是最近五六年来相继跨界进入净水机、空气净化器市场，都采取同一策略，那就是充分包装和释放自身的"美资属性"、"美国专利"，讲故事。

　　在市场上向用户讲故事，对于任何企业来说并没有错，这只是市场营销的一种手段。但是，在信息越来越透明，越来越公开的互联网时代，家电企业讲故事营销，还需要更坦诚、更真诚，拒绝欺骗!

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Electronic Arts pledges free use for five accessibility patents

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