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专利也能上保险?专利保险浅析

  • Categories:最新消息
  • Author:华讯知识产权
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  • Time of issue:2019-03-31 11:16
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(Summary description)专利一向是衡量创新能力的指标,很多高科技企业和创新型企业的衡量标准之一就是该企业的核心专利数量以及在全球的布局情况。随着我国对知识产权越来越重视,专利已经逐步与国家的综合国力、科技竞争力以及全球经济贸易直接挂钩,与国民的经济生活息息相关。但是知识产权的保护与整个国家的知识产权运营生态环境息息相关。国家知识产权局在《2017年中国专利调查数据报告》显示,遭遇过专利侵权的专利权人比例达到10.7%,而

专利也能上保险?专利保险浅析

(Summary description)专利一向是衡量创新能力的指标,很多高科技企业和创新型企业的衡量标准之一就是该企业的核心专利数量以及在全球的布局情况。随着我国对知识产权越来越重视,专利已经逐步与国家的综合国力、科技竞争力以及全球经济贸易直接挂钩,与国民的经济生活息息相关。但是知识产权的保护与整个国家的知识产权运营生态环境息息相关。国家知识产权局在《2017年中国专利调查数据报告》显示,遭遇过专利侵权的专利权人比例达到10.7%,而

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2019-03-31 11:16
  • Views:
Information

专利一向是衡量创新能力的指标,很多高科技企业和创新型企业的衡量标准之一就是该企业的核心专利数量以及在全球的布局情况。随着我国对知识产权越来越重视,专利已经逐步与国家的综合国力、科技竞争力以及全球经济贸易直接挂钩,与国民的经济生活息息相关。

华讯

但是知识产权的保护与整个国家的知识产权运营生态环境息息相关。国家知识产权局在《2017年中国专利调查数据报告》显示,遭遇过专利侵权的专利权人比例达到10.7%,而遭遇侵权的企业比例要明显高于高校和科研单位及个人,占比达到13.4%。而另一项数据,对企业而言,阻碍从技术创新活动中获得收益的主要原因中,选择“不能有效地阻止其他市场主体模仿自己的技术创新”的超过6成,占比为63.2%。可见,在知识产权保护过程中,专利侵权问题较大规模地存在,且已经给专利权人带来了实际的损失。但是,在实际操作中,因为专利侵权诉讼取证难,法律费用昂贵且时间周期较长,很多企业放弃采用合理合法的途径去争取自己的权利。

保险一直具有“小资金,大杠杆”的作用,因此,专利保险具有经济补偿和防范风险的功能,能够有效降低知识产权的维权成本,且能显著提升企业的维权意愿和维权能力,保证知识产权在维护市场公平竞争秩序方面的作用,而这正是知识产权保护体系中较为重要的环节。

华讯

目前,主要的专利保险有以下几种:

(1)专利授权保险:该产品主要承保由于专利代理机构或者专利代理人在提供专业服务过程中存在过失、错误或者遗漏,导致委托人的发明专利申请不符合新颖性或者创造性而被专利局驳回,导致委托人代理费用损失的情况;

(2)专利执行保险:该产品主要承保当专利权人通过法律程序捍卫自己专利权过程中,为该专利权的侵权行为所花费的法律费用和差旅费用;

(3)专利侵权责任险:当投保人侵犯他人的专利权,如果该专利权人在保险期间内首次向被保险人提出侵犯专利权赔偿请求,则由保险公司向被保险人承担经济损失;

(4)贷款保证险:将知识产权作为财产权质押给金融机构,是中小企业获得融资的途径之一。该保险主要是保险公司向贷款保证险的受益人(即投资人)承诺,如果投保人(即债务人,这里指知识产权所有人)不按照合同约定或者法律规定履行义务,则保险公司承担赔偿责任;

(5)境外展会专利纠纷法律费用保险:企业赴海外参加或者举办展会期间投保,如果遇到专利纠纷,保险公司给予维权费用赔付,这里承保的经济损失主要包括为专利侵权纠纷支出的律师费、行政处理费用、诉讼费用等相关的法律费用。

华讯

尽管目前我国的专利保险在迅速地发展,但是还是存在一些问题。首先,企业的对专利保险的了解不足,参保率较低,配置比例失调。很多企业尚未了解到专利保险的存在,更没有意识到防范专利风险的重要性;而大部分参保企业,在投保组合上也多选择进攻型的专利执行保险,而像一些防御型的专利保险,如专利侵权责任险、境外展会专利纠纷法律费用保险则鲜有人问津,推广难度较大。其次,我国的保险机构在专利保险方面的管理能力有待提高,很多财产保险公司仍然处于“拼保费、拼费用”的竞争阶段,而对于像专利保险这类技术含量高、专业性强的小众险种,缺乏中长期规划,投入不足,这就导致我国的专利保险产品种类有限,责任单一,投保门槛较高,无法很好地满足市场需求,另外,专利风险管理手段有限,风险评估流于形式,导致“带病投保”等情况难以避免,进一步促进专利保险的综合成本。

解决我国专利保险存在的问题,一方面,需要提高宣传力度,加大企业对专利保险的了解程度,提高企业的参保意愿;另一方面,可以成立专业的科技保险公司,使得保险公司对科技风险管理更加专业,以及对技术的发展趋势以及专利的运用保护有更深入的了解。

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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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