CN  /  EN

imgboxbg

NEWS

微软用专利换应用预装:强刷存在感之举

  • Categories:最新消息
  • Author:
  • Origin:
  • Time of issue:2016-09-01 16:16
  • Views:

(Summary description)南京华讯消息继中国手机厂商小米与微软达成专利授权和预装Office套件及Skype等微软应用之后,近日,另外一家中国厂商联想也和微软达成了类似协议。那么问题来了,为何微软近期频频与手机厂商签订专利授权与应用预装(二者基本是捆绑在一起)?  众所周知,微软早在2014年就完整公开了所持有的Android专利。根据微软的描述,微软Android项目许可包括了微软与智能手机相关的多项技术专利,主要涵盖三

微软用专利换应用预装:强刷存在感之举

(Summary description)南京华讯消息继中国手机厂商小米与微软达成专利授权和预装Office套件及Skype等微软应用之后,近日,另外一家中国厂商联想也和微软达成了类似协议。那么问题来了,为何微软近期频频与手机厂商签订专利授权与应用预装(二者基本是捆绑在一起)?  众所周知,微软早在2014年就完整公开了所持有的Android专利。根据微软的描述,微软Android项目许可包括了微软与智能手机相关的多项技术专利,主要涵盖三

  • Categories:最新消息
  • Author:
  • Origin:
  • Time of issue:2016-09-01 16:16
  • Views:
Information

  南京华讯消息继中国手机厂商小米与微软达成专利授权和预装Office套件及Skype等微软应用之后,近日,另外一家中国厂商联想也和微软达成了类似协议。那么问题来了,为何微软近期频频与手机厂商签订专利授权与应用预装(二者基本是捆绑在一起)?

  众所周知,微软早在2014年就完整公开了所持有的Android专利。根据微软的描述,微软Android项目许可包括了微软与智能手机相关的多项技术专利,主要涵盖三个部分:Android操作系统各层级使用的微软技术专利;ex-FAT、RDP、EAS等技术专利;以及与Wi-Fi、3G/4G有关的技术专利。这也使得微软每年都会从这些专利中,收取Android厂商一大笔专利授权费。例如在微软与三星专利诉讼和解前,仅从三星一家厂商身上,微软就可以年入接近10亿美元与Android相关的专利授权费。

  与Android授权赚得金盆满满相比,微软自家Windows Phone手机的销量却是一路下滑。截至到上个季度,微软手机的出货量已经锐减至190万部,市场份额仅为0.6%,可以说微软在移动市场已经是名存实亡。更为糟糕的是,这种市场占有率名存实亡伴随的还是亏损。所以微软在移动市场可谓是名利双失。

  在此,南京华讯认为,从利的角度看,微软的Android授权应该成为其在移动市场营收和利润的主要来源,毕竟基于Android系统的手机出货量还是在增长,但不幸的是,这种增长更多来自于低价Android手机,而这势必影响到了微软Android的授权收入。例如在上个季度,微软专利授权收入就同比下滑了27%。由此看,即便是之前被业内认为是微软移动市场“摇钱树”(营收和利润甚至大于自己的Windows Phone)的Android授权费的减少也是在所难免。尽管如此,微软在其CEO纳德拉“移动为先”的战略下,仍希望或者说必须要留在移动市场,但面对自家Windows Phone名利皆失和有利无名的Android授权费的下滑,惟一的方式就是进一步牺牲Android的利(例如针对被授权的Android厂商以预装自己的应用减免授权的专利费用),将自己的Office套件及Skype等应用更多预装到Android厂商的移动设备(例如智能手机和平板电脑)上。

  其实早在之前,微软就已经在尝试将Android授权费与自家应用预装的捆绑,只是没有像现在这样如此紧密。而现在之所以如此紧密,就像我们上述的自家Windows手机基本已经在移动市场处在消失的边缘,Android授权费日渐走低,惟一让微软在移动市场有存在感的就只剩下微软在Android手机的自家应用了。即以专利授权换应用预装。那么随之而来的问题是,这种方式最终会怎样?

  业内知道,自纳德拉担任微软CEO后,其在移动市场始终强调的就是微软在生产力软件方面的优势,所以微软的Windows手机一直采用预装Office等软件的策略,但从促进微软手机的销售看,非但没有起到正面的推动作用,反而是销量节节下滑,这似乎证明在移动市场(例如智能手机),Office等应用并非是手机用户的刚需。而随着微软向对手的平台(Android和iOS)开放这类应用,这种本非刚需的“优势”更是打了折扣,甚至已经不能称之为优势。

  从这个意义上看,与微软合作(用Android专利收费的减免让微软将自己的应用预装到自己的移动终端上)的厂商未必会因为预装了微软的应用而让自己的手机在竞争中取得实质性的差异化优势。也就是说,近期联想、小米等与微软的专利授权和预装合作更像是微软的一种“强买强卖”。这有点类似于微软强推Windows10在PC市场的预装。只不过在这里Windows10的免费变成了Android授权费的减免。

  综上所述,南京华讯认为,近期微软频频与手机厂商签订专利授权与应用预装,是微软自家手机业务失利,Android授权费减少大势之下,为了纳德拉“移动为先”战略刷存在感的一种无奈之举。而这种存在感无论对于微软还是与其合作的手机厂商并不会在各自的市场中产生实质性的影响。

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
Previous page
1
2
136
底部
这是描述信息

2001, 20th Floor, Block B, Ascendas Building, No. 88 Jiangmiao Road, Jiangbei New District, Nanjing City, Jiangsu Province

Copyright ◎Nanjing Huaxun Intellectual Property Consultant Co., Ltd.

苏ICP备xxxxxx号-1     Powered by: www.300.cn

这是描述信息
这是描述信息
这是描述信息
这是描述信息
这是描述信息