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LED行业快速发展,专利问题不容忽视

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2018-12-12 15:18
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(Summary description)近年来,在“国家半导体照明工程”计划的推动下,我国的LED产业得到了快速的发展。目前我国已经成为LED产业全球发展最快的区域,同时也是全球电子产业的主要制造基地,已经初步形成了包括LED外延片、LED芯片、LED封装以及LED应用在内的一条完整的LED产业链。从2014年以来,我国的LED产业规模的年复合增长率超过了20%,一直维持着高速增长的态势。受益于LED灯的政策扶持和节能需求的提升,LED

LED行业快速发展,专利问题不容忽视

(Summary description)近年来,在“国家半导体照明工程”计划的推动下,我国的LED产业得到了快速的发展。目前我国已经成为LED产业全球发展最快的区域,同时也是全球电子产业的主要制造基地,已经初步形成了包括LED外延片、LED芯片、LED封装以及LED应用在内的一条完整的LED产业链。从2014年以来,我国的LED产业规模的年复合增长率超过了20%,一直维持着高速增长的态势。受益于LED灯的政策扶持和节能需求的提升,LED

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2018-12-12 15:18
  • Views:
Information

近年来,在“国家半导体照明工程”计划的推动下,我国的LED产业得到了快速的发展。目前我国已经成为LED产业全球发展最快的区域,同时也是全球电子产业的主要制造基地,已经初步形成了包括LED外延片、LED芯片、LED封装以及LED应用在内的一条完整的LED产业链。从2014年以来,我国的LED产业规模的年复合增长率超过了20%,一直维持着高速增长的态势。受益于LED灯的政策扶持和节能需求的提升,LED灯源有望进一步对传统灯源进行替代,从而进一步推动LED在通用照明领域的快速增长。

目前我国的LED产业主要集中在户外显示屏、广告屏和照明灯等领域。在未来的3-5年,随着技术的成熟和成本的下降,LED在通用照明领域的市场占有率将得到进一步提升,并且可能在汽车照明、小间距LED显示屏等领域有所突破,LED行业将迎来新一轮的爆发。

然而,在目前整个行业高速发展欣欣向荣之时,专利纠纷却此起彼伏。仅2018年以来,在全球就发生了超过10起专利纠纷案。2018年2月,首尔半导体株式会社在意大利对亿光电子的LED产品发起了专利侵权诉讼;同月,首尔半导体株式会社宣布,对亿光电子的一项涉及LED封装散热结构的专利无效成功,在法庭上,亿光电子放弃辩护,承认其专利无效,并偿付首尔半导体株式会社的诉讼费用。2018年3月,在法兰克福展会上,浙江宁波凯耀因涉嫌专利侵权被举报,导致被要求摊位整改,且涉嫌侵权的LED灯丝灯球被没收。2018年7月,深圳海关查封了来自江西和东莞两家LED厂家的涉嫌专利侵权的产品,这些产品涉嫌侵犯深圳佳比泰智能照明股份有限公司的专利权,涉案专利分别是“一种蓝牙球灯泡”实用新型专利,“一种蓝牙面板灯”实用新型专利。2018年8月,日亚化学株式会社称,公司已经获得宏齐科技的专利侵权赔偿,并且终结两公司在德国的专利侵权诉讼。

随着LED行业的快速发展,各大LED企业的竞争也渐渐白热化,而专利作为一个较为好用的武器,全球的LED大型企业应该不会放过。随之而来的是,专利战也将成为常态。目前,一些国际LED巨头,如首尔半导体株式会社,日亚化学,飞利浦,欧司朗等,他们一直将知识产权作为有力的武器,试图通过严密的专利布局将可能的对手排除在市场之外。在上述专利侵权纠纷案件中,中国的LED企业不断地站在被告席上。而随着中国LED企业不断地在全球攻城略地,专利问题将会越来越突出。对于中国LED企业而言,在专利积累以及对知识产权的运营方面与国外的大型企业之间还是存在着明显的差距,而且目前的大多数专利只是停留在衍生专利,核心专利数量较少。因此,中国企业在全球化的过程中,专利问题将成为一个不得不重视的问题。

当然,中国LED企业在专利方面处于劣势地位,但这不代表中国的LED企业在国际市场上寸步难行,直接获得专利权许可抑或是通过海外并购间接获取专利权,都是目前国内企业在采用的应对之策。

在获得专利权许可方面,主要是通过与国际巨头进行合作取得专利保护伞。东贝光电取得欧司朗白光LED的专利授权;国星光电、聚飞光电、瑞丰光电与GE签署专利授权;超时代取得晶电LED灯丝相关的专利授权;水晶光电、聚飞光电等企业获得丰田白光LED专利授权。国内LED企业与国际巨头签署专利许可,能防患于未然,解决部分可能面对的专利诉讼,让企业在拓展海外市场时无后顾之忧。但是,取得专利授权并非一劳永逸。首先,LED技术仍然处在不断的发展中,各个阶段的主流技术可能存在较大的差异,中国企业可能花重金获得的专利授权在几年之后将变得毫无价值;其次,LED专利错综复杂,一个产品中可能侵犯多项专利权,只购买部分专利可能仍不能排除侵犯其他专利的可能性。因此,获得专利授权只是权宜之计,国内LED企业应该加强专利预警,进行适当的规避设计,并且准确判断市场的发展趋势,将获得授权专利的利益最大化。

除了获得专利授权,海外并购并获得LED企业的专利权也是有效的途径。开发晶子公司收购普瑞,相当于控制了普瑞所拥有的750余项专利以及其与Cree专利交叉授权,进而掌握了普瑞在芯片、外延片、封装、光学设计、白光等领域的多项核心技术,并得以进入欧美以及日韩等全球高端LED产业供应链体系。通过并购,国内企业能掌握全球先进的技术,规避了一些专利侵权风险,能有效地降低企业发展的风险和成本,使得其产品更具有竞争力。

当然,国内企业无论通过哪一种方式获得专利的使用权,企业都需要从根本上发展自身的核心技术,将自己的专利技术做大做强。尤其是对于LED企业,创新就是企业发展的根本,加大企业在新产品上的开发力度,积极升级新的产品,努力把握住LED的主流趋势,通过分析LED照明产品的格局和定位,在产品设计、成本控制和产品质量上不断取得突破,才能摆脱如今在专利战场上四面楚歌的窘境。

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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
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