Global LED patent status and patent strategy analysis of China‘s LED industry
Since this year, holding a patent power LED chip giant, the chemical in multiple leds around the world by patent litigation. In addition, and patent disputes between light respectively in places such as Britain, the United States launched infringement lawsuits. This seems to show the international giant when making LED patent litigation gradually to the downstream application side. To the benefit of the Chinese LED enterprises.
To this, small make up specially collected global LED patents and patent strategy research China‘s LED industry present situation analysis, for reference.
LED industry in trouble
1, the United States international trade commission of section 337 investigation
Section 337 is against unfair practices in import trade in the investigation of the legislation. Due to the original provisions in "1930 year tax law (the trade-related andtrade act) of article 337 of the name. It involves the unfair trade related intellectual property, refers to the imported or after sales in the United States belong to violate the legal protection of copyright, patent right, trademark right, the right of layout-designs of integrated circuits and the behavior of the design scheme of power products. Products used by technology as long as not surveyed on intellectual property rights in the United States, even in the exporter with intellectual property rights, also violated the relevant intellectual property rights in the United States, almost no less than millions of us dollars and appearance fee. Even there is no infringement or determine the alleged unfair trade behavior, also does not require the plaintiff assume any liability to pay compensation.
Measures include: limited exclusion order (limited exclusion order), common rejection (general exclusionorder), temporary exclusion order (temporary exclusion order), ban (cease and desistorders), seizure and confiscation, etc. Don‘t believe in the sanctions only products, such as issued by the general exclusion order can forbid any infringement product imports.
Columbia University professor emeritus energetic mavericks NeumarkRothschild based on its holdings of U.S. patent 5252499 infringed, on February 20, 2008 to the United States international trade commission (ITC) to apply for the short-wave light-emitting diodes (leds), laser diode, and contain the above products "section 337 investigation, to the enterprise of more than 30 use similar products in the world, Chinese companies involved of four companies in guangzhou and shenzhen; Two companies vigorously, in August 2008 and the holder of the settlement, and obtained two patents authorization, avoids the general exclusion order and chip export restraints. If Chinese enterprises complied or respondent fail, similar products, all enterprises in China are not allowed to enter the American market.
If you don‘t want to targeted by section 337, must pay attention to two points: avoid infringement of the patent rights of others; Set up their own intellectual property rights protection. A patent retrieval, should first determine whether may involve the product of the United States patent, or involving the product manufacturing method of American patent. If there is the possibility of infringement, can replace the generic methods to avoid infringement. Can also obtain licensing from the patentee, or importers in agreement with the United States, by the importer shall undertake liability for tort. And, for important products export to USA market, as far as possible for the United States patent; Can even consider a domestic industry with the United States, such as proof of "domestic industry" include: has made an important investment in factories and equipment; Put important capital or services; In intellectual property permits to product development, design, research, and so on has made a significant investment.
2, Germany exhibition patent search
Germany is Europe‘s leading, known as the traditional for a trade fair, has a dominant position on international exhibition held more than 50% in Germany. For example, hannover international office automation, information and communication technology exposition (CeBIT), the international consumer electronics show in Berlin (IFA), etc. Germany exhibition is that many Chinese enterprises to enter the European market is one of the important ways.
In Germany, intellectual property right holder may take the following measures to deal with the exhibitors: customs seized, customs seized imports show exhibits, ban on civil, criminal detention, searched with the latter as the most powerful weapon. Generally, intellectual property rights belong to the category of civil case, at the beginning of the development of rare criminal measures; However, as China‘s manufacturing sector is strong and constantly invasion, has gradually formed the intellectual property rights in the us and Europe mode of local protectionism, so is the trend of criminal cases related to intellectual property right. And, for the German law, criminal warrant a temporary ban on more available, so the fair criminal search case.
In 2008, for example, the IFA show, citing "possible patent infringement" German customs, raided the China pavilion of more than 20 companies, seized a large number of exhibits, such as television, MP3 players and mobile phones involved companies including TCL, haier and hisense. At the same time, Germany day on TV in China manufacturer regardless of the negative reports of intellectual property rights. Like CeBIT fair, 2008 related searches involving 51 companies, including 39 from China (including mainland China, Hong Kong special administrative region and Taiwan region); In 2009, 24 enterprises involved in China mainland, there are 15 from Hong Kong and Taiwan of our country. CeBIT mainly has four companies through to apply for a raid on a large scale to protect our patent right, including patent management company in Italy Sisvel are said, philips, SONY Ericsson and Swiss army knife, respectively for MP3, DVD, mobile phones, U disk tort. These patent cases appears to be the tip of the iceberg, but the underlying strategic rivalry from country to country, enterprise and enterprise between the interests of the battle for market share.
The above case, the patentee‘s strategy can be summarized as: first down again. Because on the way to the exhibition site directly raid products, enterprises have no room to negotiate, also cannot take targeted measures. Search action leads to a large amount of information is the direct result of exhibitors and exhibits confiscated, cannot show European customers for product promotion, the effect is very poor, indirect result is hit the brand image of enterprises.
Is important to note that: a LED display, if one USES a single LED chip infringed a patent holder in a national patent, then the LED display is likely to be seized on the country‘s exhibition, and cannot be exported to the country, lead to the loss of the country‘s market.
3, the chemical patent lawsuits
Japan, the chemical company is a famous LED chip maker, has long been a blue LED and white LED market dominance, in blue light LED and white LED products have obtained more than $12 billion in sales.
Nichia tried to patent monopoly policy exclusive blue leds in the market, refused the related patent license to any other manufacturer, but since the late 20th century, in the more patent lawsuits have failed, in the 2002 years in succession with Osram, ToyodaGosei, PhilipsLumileds, CREE reconciliation, cross licensing of patents.
Nichia and other four companies in the license agreement between is similar, the main purpose is to put an end to the existing patent litigation, avoid future patent litigation. At the same time, for the LED industry chain of emerging enterprises, big companies such as Nichia is still on ways to safeguard their market interest. And Nichia also scare the type of patent litigation to maintain its market, for example, Nichia patent litigation has borrowed and a south Korean company to South Korea pressure, forcing it to another company to buy Nichia products.
Authorized by the Nichia LED and disputes about all occupied more than 50% of the total LED authorization and dispute, expect a period of time in the future the main patent lawsuit, Nichia will continue in a dominant position, and external authority and mutual authority will continue to increase.
LED industry national patent distribution
1, the United States LED the patent
In LED industry, the department of energy (doe) formulated the "semiconductor lighting national research project" in the United States, plans to use, at a cost of $500 million over 10 years development of semiconductor lighting technology, main purpose is to make the lighting source in the future market competition, ahead of competitors such as Japan, Europe and Korea. Plan time node and photosynthetic efficiency, respectively is: 20 2002 lm/W; In 2007 75 lm/W; In 2012 150 lm/W, etc. Can be thought of, at present it has achieved its goal ahead of schedule.
From the USPTO patent database, retrieved and LED related authorized patents about 34000 items, from 1990 to 1990 authorized patents about 25000 items.
From the point of the growth of the patent number, visible LED industry is in rapid development period in the United States. The United States LED a patent applicant is mainly various types of enterprises and research institutions, including many large enterprises and small and medium-sized enterprises; Application direction mainly focus on the LED chip and lighting, especially high technology content of epitaxial wafer manufacturing technology and the LED chip manufacturing technology.
America LED patent foreign applicant is mainly Japan, Germany, Korea, China Taiwan, foreign applicants are mainly large LED manufacturing enterprises, China LED with less number of patents in the United States.
2, China LED patent
In 1968, changchun institute of physics, Chinese academy of sciences, China successfully developed China‘s first LED to the 1980 s LED materials and components industry has been formed in China, the rapid development in the 90 s, enterprises are mainly concentrated in the LED industry chain downstream of the encapsulation and application.
In terms of quantity, only China has LED the number of patents may be the world‘s top 5, among them, the number of patents in mainland China is located in the United States and Japan, roughly comparable to Germany, Taiwan, but there are a number of utility model patents.
However, the Chinese mainland in the LED industry chain extension of shelter-forest areas such as technology, the structure of the chip, patent application number is far less than Japan, the United States, less than Germany and China Taiwan region; In mainland China with the United States in substrate technology patent applications are roughly equal, number of patent phosphor material after Japan, encapsulation technology patent application number and Chinese Taiwan area roughly, LED has specific application patent applications than the United States and Japan.
And, before 2006, mainland China LED main composition is the national 863 program of invention patent applicants undertake unit and implementation of the project, such as semiconductor, Chinese academy of sciences, physics, changchun light machine, nanjing university, Peking University, tsinghua university, zhejiang university, nanchang university, etc. When China based research and development for the LED‘s overall value is not strong, but the key factor may enterprises and research institutions of patent consciousness is not strong. After 2006, LED enterprises as the LED of the applicant for a patent for invention patent application number increase quickly, China LED enterprises along with the development of the market, technical strength and the patent protection consciousness has been greatly strengthened, know to apply for a patent, know the patent can bring wealth and avoid risk.
