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戴森网红卷发棒的专利能规避掉吗?

  • Categories:最新消息
  • Author:华讯知识产权
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  • Time of issue:2018-11-09 13:38
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(Summary description)2018年10月10日,戴森发布了一款名为DysonAirwrapStyler的卷发棒,这款产品在国内掀起一场刷屏和抢购的热潮。戴森这个来自英国的小家电品牌,这几年在国内迅速蹿红,成为时尚和高科技的代名词。而这款新发布的卷发棒,也是一改传统卷发棒的样式,采用回旋气流技术实现自动卷发,消费者只要将一缕头发放在卷发棒旁边,卷发棒产生的气流能够自动将头发吸附到卷发棒上旋转几圈后完成卷发。戴森官方宣称,这

戴森网红卷发棒的专利能规避掉吗?

(Summary description)2018年10月10日,戴森发布了一款名为DysonAirwrapStyler的卷发棒,这款产品在国内掀起一场刷屏和抢购的热潮。戴森这个来自英国的小家电品牌,这几年在国内迅速蹿红,成为时尚和高科技的代名词。而这款新发布的卷发棒,也是一改传统卷发棒的样式,采用回旋气流技术实现自动卷发,消费者只要将一缕头发放在卷发棒旁边,卷发棒产生的气流能够自动将头发吸附到卷发棒上旋转几圈后完成卷发。戴森官方宣称,这

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2018-11-09 13:38
  • Views:
Information

2018年10月10日,戴森发布了一款名为Dyson Airwrap Styler的卷发棒,这款产品在国内掀起一场刷屏和抢购的热潮。戴森这个来自英国的小家电品牌,这几年在国内迅速蹿红,成为时尚和高科技的代名词。而这款新发布的卷发棒,也是一改传统卷发棒的样式,采用回旋气流技术实现自动卷发,消费者只要将一缕头发放在卷发棒旁边,卷发棒产生的气流能够自动将头发吸附到卷发棒上旋转几圈后完成卷发。

戴森官方宣称,这款卷发棒已经研制了6年,共有230余名工程师参与研发,研发投入过亿。Airwrap Styler采用了一个大胆的设计,采用高速、高压的戴森V9电动马达驱动产生的“康达效应”来实现卷发效果。所谓“康达效应”,是指流体(气流或者水流)有离开本来的流动方向,改为随着凸出的物体表面流动的倾向。目前这款卷发棒除了其本身作为卷发棒的功能外,还可以转换接头变成直发器、吹风机,全套价格约合人民币3800元。

为了防止竞争对手模仿,戴森在专利布局上也是下足了功夫,从卷发棒、直发器接头到内部电机一共申请了几十个专利家族,超过两百件专利申请,目前已经有超过100件专利获得授权。其中,光卷发棒的接头就有18个专利家族,100多件专利申请。

Airwrap最核心的技术就是利用回旋气流的卷发棒,关键部件是在卷发棒的出气口形成一定的角度,这样多个出口喷出的空气刚好形成一个回旋,然后将一缕头发放在卷发棒旁,这些回旋的气流将带动头发旋转。

这些专利中,最重要的发明是优先权为2014年3月20日的发明,其美国专利公开号是US20150265023A1。这个专利在中国也申请了发明和实用新型,目前该专利的同族已经在英国、日本、新加坡已经获得了授权,已经授权的权利要求1如下:

一种用于手持式器具的附件,其特征在于,该附件包括体部,体部具有壁、在壁的一个端部处的流体入口和穿过壁的流体出口,其中流体出口包括沿壁延伸的至少一个槽,且其中至少一个槽由壁的第一端部和壁的第二端部的重叠而形成。

该权利要求的核心部件为空心管体,表面上开有多个缝隙,热空气从开口进去然后从缝隙中出来,该发明的巧妙之处在于,出风口的两边做成上下错落重叠的样式,如果没有这项技术特征,则不能形成旋转气流,其本质上和吹风机没有区别。正是因为有这样的技术特征,这样空气从缝隙中出来时就会有一个偏向角度,空气被导向到管壁上,在管壁上形成康达效应,从缝隙中出来的气流像是吸附在管壁上,每条缝隙中出来的气流都像是被管壁吸附,整体上就形成了围绕管壁的旋转气流。当用一缕头发靠近这个旋转气流时,旋转气流就像一个微型龙卷风一样将头发卷起来,因为这个旋转气流时持续的,头发将缠绕成一圈一圈的形状,最后完成卷发。

目前与这件发明最接近的现有技术是1991年申请的公开号为CN1061901A的中国专利申请,以及1998年提交的公开号为US5868148A的美国专利申请。CN1061901A这件专利主要技术方案是带吹干功能的卷发器,这种卷发器也是空心管体,管体表面也有缝隙作为气流出口。但这个缝隙只是一般的出风口,对气流并没有导向作用,从缝隙出来的气流不能吹到管壁,径直吹向远方,形成不了有效的柯恩达效应,卷发棒周围不能形成旋转气流,也就没有自动卷发的效果。该专利中还有一处非常接近的地方是管体是组合式的,由几个重叠的管状体组成,可以改变粗细,这个形状与戴森卷发棒的核心发明点的结构基本一致,但是CN1061901A这种重叠的结构的目的是改变粗细,其解决的技术问题不同,而且在使用状态下,该结构将会发生改变,也无法形成旋转气流。

US5868148A的主要内容是一种具有导风叶片的吹风机,基本结构与本发明也类似,管状体表面形成缝隙吹出气流,而且在缝隙口设置了导向件,这样看似能够形成旋转气流,但未公开本发明中的重叠状出风口,目的也不同。

所以这两件最接近的对比文件都缺少让从缝隙吹出来的气流形成康达效应,形成围绕管壁的旋转气流的特征。在吹风机领域也有利用柯恩达效应的在先技术,但是能否用来与这两篇对比文件结合挑战本发明的创造性,估计是这件专利在其他国家能否授权或无效的争辩点。

至于这件专利的权利要求是否可以规避掉,其实US5868148A已经暗示了可解决的方案。这件发明的核心在于通过旋转气流实现自动卷发,让缝隙气流形成康达效应的关键在于吹出的风需要导向管壁。在本发明中,是通过重叠的端面实现,但US5868148A的结构不重叠也能达到类似的效果。当然,如果是对发明进行改进,就有更多的可行方案,因为规避“重叠”这一技术特征,不像功能性限定的权利要求那么难规避。

文章来源:思博网 《理性分析,戴森网红卷发棒的专利可以绕过去吗?》

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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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