What are the core patents, peripheral patents and derivative patents of a patent?

1. Generally speaking, the core patent refers to the patent corresponding to the technology that must be used to manufacture a product in a certain technical field, and cannot be circumvented by some circumvention design means. At present, there is no unified definition of core patents. More importantly, it is very difficult to judge whether a patent is a core patent in a certain technical field. In addition, core patents sometimes refer to basic patents.

2. Simply put, peripheral patents are relative to basic patents (core patents), and their research and improvement are based on core patents. A large number of applications focus on the improvement patents of core technology patents, which have surrounded them. In this way, although the owner of the peripheral patent still cannot directly use the core patent of others, it will still lead to the problem of infringement (Article 57 of the Patent Law). However, in the market, if the core patent is implemented, these peripheral "fences" will also be encountered, which can form a "cross-license". Both parties will use each other's patents without suing each other for patent infringement.

3. Japanese companies that are good at this, they call it "fence" patent strategy.

With regard to patent infringement, Article 57 of the Patent Law stipulates that: if a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. Therefore, in the era of commodity economy, it is a good strategy to occupy the commanding heights of the market by using technological innovation. However, enterprises in many developed countries are in a technical monopoly position in many industries, and a large number of patent applications around the world protect advanced technologies from unauthorized use by others, thus promoting the further monopoly of enterprises in these developed countries. Enterprises in developing countries can't compete with these big international companies in core technology, but it doesn't mean that all the doors are closed. One of the solutions is to use the tool of peripheral patent to break through. We should adopt the way of "surrounding the city from the countryside", master foreign advanced technology through technology introduction, continuously carry out application research and development around basic patents, apply for many peripheral patents, and use these peripheral patents to further cover the technical field and build a peripheral patent network, so as to break through the technology monopoly and turn passive into active.