CN  /  EN

imgboxbg

NEWS

浅谈高价值专利

  • Categories:最新消息
  • Author:
  • Origin:
  • Time of issue:2018-08-31 14:30
  • Views:

(Summary description)一段时间以来,“高价值专利”以及与之相关的“提升专利质量”“培育核心专利”等成为业界关注的热门。尤其是党的十八大以来,党中央、国务院的政策部署以及各个地方各部门出台的一系列文件中,凡是涉及知识产权以及创新的,都对“高价值专利”等热词提出明确的要求。国家知识产权局更是将培育高价值专利、提升专利质量作为重点工作之一进行部署落实。

浅谈高价值专利

(Summary description)一段时间以来,“高价值专利”以及与之相关的“提升专利质量”“培育核心专利”等成为业界关注的热门。尤其是党的十八大以来,党中央、国务院的政策部署以及各个地方各部门出台的一系列文件中,凡是涉及知识产权以及创新的,都对“高价值专利”等热词提出明确的要求。国家知识产权局更是将培育高价值专利、提升专利质量作为重点工作之一进行部署落实。

  • Categories:最新消息
  • Author:
  • Origin:
  • Time of issue:2018-08-31 14:30
  • Views:
Information

一段时间以来,“高价值专利”以及与之相关的“提升专利质量”“培育核心专利”等成为业界关注的热门。尤其是党的十八大以来,党中央、国务院的政策部署以及各个地方各部门出台的一系列文件中,凡是涉及知识产权以及创新的,都对“高价值专利”等热词提出明确的要求。国家知识产权局更是将培育高价值专利、提升专利质量作为重点工作之一进行部署落实。

(一)高价值专利的由来

“高价值专利”这个概念始于江苏省知识产权局。随着国家知识产权局展开在全国推进知识产权的“贯标”政策,作为配套,江苏省知识产权局也开始推行“培育高价值专利”的相关工作。2015年,江苏省省委、省政府出台了《关于加快建设知识产权强省的意见》,把“培育高价值专利”作为基础工作进行部署,明确要求到2020年要在全省建设一百个“高价值专利培育示范中心”,准备以“龙头企业+优势学科+高端服务”的“三位一体”策略产生示范带动的作用,期待能从“江苏制造”过渡到“江苏智造”。

(二)高价值专利的含义

专利具有工具价值和非工具价值。对于企业而言,专利应当是能够带来商业价值的资产。专利能为企业带来经济效益,这是专利的工具价值。专利的非工具价值主要体现在,专利能彰显企业的实力与影响力,可以为发明人带来声誉和社会地位。毫无疑问,专利的主要商业价值是由其工具价值体现的。

高价值专利的评价维度主要有以下几个方面:

1. 技术价值:每一件专利都包含了能够解决技术问题的技术方案,但是不是每一种技术方案都有实际应用价值。当出现具有更好的可替代性技术时,之前申请的专利技术就很容易被淘汰或者直接抛弃。但是,这并不表明高价值专利都是技术先进性较高的专利,如有一些技术先进性很高的专利技术,由于缺乏配套技术很难具体实施,这些专利也很难称之为高价值专利。高价值专利也不局限于技术复杂程度较高的专利,有些容易被普遍采用的技术所形成的较为简单的专利也可能成为高价值专利。因此,专利价值的高低并不取决于技术方案的先进性、技术难度或者技术的复杂程度,“价值”是随时可以发生改变的动态曲线,也是各种复杂的因素在相互交错后形成的一个数值,需要与时间、环境、实施主体、实施目的等相结合,才能产生实际的价值。

2. 法律价值:专利权的核心在于专利的排他性,专利权人通过拥有一定时间一定地域的排他权利,取得垄断性收益,实现专利的价值。因此,专利权利的法律保护坚实程度是一件专利技术实现其真正价值的保障。唯有经过诉讼洗礼的专利才是实打实的“硬”专利,但是“硬”专利未必等同于高价值,也不能完全防堵他人的回避设计,“硬”专利是高价值专利的必要不充分条件。

3. 市场价值:对于企业来说,在制定获取和运用专利权利的策略时由其产生的经济效益的能力直接驱动的。专利所能产生的经济效益与其市场价值有直接关系,高市场价值的专利技术一定是同时具备技术价值和法律价值的专利技术,当下或预期未来能在市场上应用并因此获得主导地位、竞争优势和/或巨额收益的专利,这才是真正现实意义上的高市场价值专利。市场价值又可分为未来市场价值和现有市场价值,预期在未来市场中很可能用到的专利属于潜在高市场价值专利。

4. 战略价值:真正具备技术意义上的价值基础和法律意义上的价值保障的高战略价值专利主要是某领域的基本专利和核心专利,或者为了应对竞争对手而在核心专利周围布置的具备组合价值或战略价值的钳制专利。对于企业而言,这些专利要么能用于较强的攻击和威胁竞争对手,要么能用于构筑牢固的技术壁垒,要么能用于作为重要的谈判筹码,或者兼而有之。这也是国内外一些知名企业知识产权管理人员的共识。

5. 经济价值:在专利的现有市场价值中,直接可变成的现金流就是该专利直接衡量的经济价值。高经济价值的专利首先包括了大部分的高市场价值专利,其次还包括专利交易和运营过程中(如专利质押、作价入股、转让许可等)体现出高价格的其他专利,如着眼未来市场的储备性的核心专利等。

总之,一件高价值专利应当具备以下条件:(1)其技术方案具有较高的水平和较高的技术含量;(2)专利申请文件的撰写质量较高,对发明创造作出了充分保护的描述;(3)符合专利的授权条件,专利的权利具有较好的稳定性;(4)有良好的国内外市场前景,产品市场占有率较高,或者有很好的市场控制力,虽然现在还未转化成实实在在的产品,但是在为了能增强其市场竞争力。

(三)如何培育高价值专利

高价值专利必然对应着高质量的创造。在技术研发之初和研发过程中,都要高度重视运用专利信息,找准研发的起点、重点和方向。高质量创造是提升专利质量、培育高价值专利的源头和基础。其次,对于一些涉及重大技术的专利申请,一定要认真研究,由高水平的专利代理人与研发人员充分沟通之后撰写申请文件,保证申请文件的质量。除此之外,还应当进行精准的长远布局,由于专利的地域性特点,一件专利要成为高价值专利,必须从市场和战略布局层面做好国内外的专利布局,在有市场前景的所有国家和地区做好专利布局,使其价值最大化,这样才能为市场竞争力的最大化奠定基础,这也是高价值专利培育的目标。

高价值专利如同沙中的黄金,其稀缺程度是必然的,其创造过程也是艰辛的。高价值专利如士兵中的将军,是核心。在专利申请中,必须要具备将部分一般价值的专利打造成高价值专利的决心,这样才能在专利的战场中无往不胜。

 

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