Apply for patent protection:
At present, the number of PCT patent applications in China ranks second in the world. However, there are still some shortcomings in patent quality, patent protection and global distribution in China. It is necessary to further improve the efficiency of patent application, create high-value patents, and change from winning by quantity to improving quality.
Patents in China are changing from quantity accumulation to quality improvement. With the continuous innovation of science and technology and the deepening of globalization, how can we achieve our own high-quality development through patent trading and help industrial upgrading with technological transformation? At the 20 18 China International Patent Technology and Products Fair (hereinafter referred to as the "Fair"), professionals from all over the country made suggestions.
It is both a spear and a shield.
"An important function of intellectual property rights is to bring rich economic benefits to innovators." According to Song Liuping, vice president of Shenzhen Huawei Technology Co., Ltd., enterprises can exert the economic value of intellectual property rights in three ways:
First, when an enterprise obtains a certain technology patent authorization, other enterprises cannot enter this field. This monopolistic management right gives innovators a certain bargaining power for products, so that they can make profits;
Second, enterprises with patents have a magic weapon to open domestic and foreign markets, and they can also seize market share and sell more products, bringing considerable profits to enterprises;
Third, the high intellectual property licensing fees and transfer fees are also a lot of income for enterprises. Qualcomm, IBM, Ericsson and other international giants can get hundreds of millions of dollars in compensation every year only through intellectual property licensing.
However, at present, some enterprises apply for patents in order to obtain high-tech enterprise qualification certification, receive government subsidies or evaluate professional titles. "We want to create intellectual property rights that can really gain economic benefits in the market, not for a certificate or a reward." Song Liuping said.
In this regard, Sun Shen, vice president of China Communications Construction Co., Ltd., was deeply touched. He took frozen soil technology as an example to illustrate. The project has obtained 92 patents, developed a series of special subgrade structures with heat conduction resistance and cooling resistance, and established a technical system for preventing thaw settlement of expressway frozen soil subgrade. Thanks to the landing of these patents, CCCC broke through the forbidden zone of highway construction in high-altitude permafrost regions, built permafrost highways 1 100 kilometers, upgraded and reconstructed permafrost highways by 3,500 kilometers, and generated economic benefits of about 465,438+78 million yuan.
Then, the patent without transfer and transformation is worthless? "Patents can be used as offensive weapons that actively attack and directly benefit, and can also be used as strategic reserves with defensive functions." Xu, intellectual property director of Audi China, Volkswagen Group, said that patents are sometimes like nuclear weapons, and you may never need them, but their deterrence often makes competitors flinch. Some technologies or inventions may be of little significance to enterprises, but products that want to enter the market must apply for a series of related patents to avoid falling into the whirlpool of patent disputes and lawsuits.
Patents also have certain intelligence value. "When we analyze the patent layout of companies such as Baidu, Google and Toyota in the field of driverless driving, we will find that these companies have invested a lot of R&D efforts in the fields of environmental awareness and operation control." Xu said that all these have brought many new ideas to Audi's future research and development direction, market layout setting and enterprise development planning.
Effective protection can stimulate innovation.
The core reason why innovators can get economic benefits from intellectual property rights is that intellectual property rights system can provide a series of rigid protection measures from justice, law enforcement to administration. "These protective measures are actually an incentive. When companies reap innovative results, they will continue to invest in research and development. This virtuous circle will generate a steady stream of innovative power. " Song Liuping said.
"In the era of rapid development, we need to pay attention to the fact that the protected objects may change at any time." Take the automobile industry as an example. In the past, the protected patent objects were usually some mechanical parts or objects such as transmission, chassis structure and car seat optimization. Nowadays, solutions to some problems, business models and even software inventions have become the darling of intellectual property protection. For example, methods and monitoring systems for running self-guided driverless motor vehicles, and methods for collecting road information by automobiles, etc. When the object of intellectual property protection changes, patent authors, examination standards and national legislation need to be adjusted accordingly.
In recent years, governments at all levels, from the CPC Central Committee in the State Council to local governments, are calling for strengthening the protection of intellectual property rights. So how to measure whether the protection has been strengthened? "The standard of measurement is the amount of compensation for infringement of intellectual property rights and the threshold of criminal protection for serious infringement of intellectual property rights." Song Liuping said that in the past five years, the average amount of compensation awarded by a Shenzhen court for a patent infringement judgment was 80,000 yuan, compared with 4.5 million to 5 million dollars in the United States. Although the average data can't represent the amount of compensation in all cases, such a big gap shows that compared with developed countries, our crackdown on infringement is far from enough.
"Our protection of intellectual property rights must not be just a slogan. Only by giving full play to its role in stimulating innovation can we encourage enterprises to create high-quality patents that are truly valuable and marketable. " Song Liuping said.
The layout should have a global perspective.
As a spear to seize business opportunities or a shield to protect innovation, patents cannot only play a role in the domestic market. "Trade is increasingly close, technical exchanges are more frequent, and digital interconnection is smoother. In today's world, from front-end basic research to manufacturing and processing to back-end sales, the trend of globalization is unstoppable. " Song Liuping believes that globalization not only provides fertile ground for industrial transformation and upgrading, but also brings dividends to the economic development of various countries.
In this regard, Xu also holds the same view. "In today's world, you have me and I have you, and the competition of intellectual property rights such as patents and trademarks is constantly developing in the direction of globalization." Xu said that Audi has not only built production bases in China, Italy and Brazil, but also applied for patents in China, the United States, Europe, Japan and South Korea.
At the same time, Xu also suggested that enterprises should monitor the international market in real time, not only pay attention to the technological innovation of other multinational companies, but also understand what new policies related to their own development have been introduced by international organizations such as WIPO, so as to effectively carry out international patent layout.
In recent years, more and more China enterprises have stepped up their pace of going overseas. "The number of PCT applications in China has maintained a double-digit growth, which has become the main driving force for the global PCT patent growth. In 20 17, the number of PCT patent applications from China reached 48,000, surpassing Japan for the first time and ranking second in the world. " At the Expo, Wang Binying, Deputy Director-General of the World Intellectual Property Organization, affirmed the outstanding performance of China enterprises in the international market.
As the first China enterprise to go abroad, CCCC's international operation index has reached 27.5%. "The core product of our subsidiary Shanghai Zhenhua Heavy Industry Co., Ltd.-double 40-foot container crane, from the whole machine to key parts, * * * applied for 35 patents for inventions, utility models and designs, and applied for patents in 8 countries and regions." Sun told reporters that the container machinery produced by Zhenhua Heavy Industry is running in all ports with container business in the world because of its active patent layout overseas.
"However, because we are not familiar with the overseas patent application process and the difficulties in patent protection, we currently have only 24 international patents." Sun also pointed out the difficulties faced by enterprises in the process of going global. Some overseas engineering projects have increased the construction cost for no reason because of the patent barriers of foreign companies, so it is necessary to constantly improve the patent layout in the international market to adapt to the development of overseas business.
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