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. In the 1960s and 1970s, Japanese enterprises began to export a large number of products. At that time, Japanese companies did not have core technologies and patents. When a competitor owns a key core patent about the basic principle of a product, Japanese companies will develop a series of patents around the core technology, and each patent will be upgraded to varying degrees. These improved patents cover the best possible product structure when the core technology is put into commercial application. In this way, they make it difficult for the owner of the original technology to effectively use the technology, and then the owner of the equity fence patent can force the other party to agree to cross-license, thus obtaining the right to use the core technology.
Although some experts think that the number of Japanese patents is of little significance, another view is that even if Japanese patents are mostly small projects, it will restrict competitors and force American companies to give a large number of patented technologies to themselves, which is why Japanese people always have an advantage when exchanging patented technologies with western countries. The example about digital camera is the best example.
Later, Korean emerging enterprises in Taiwan Province Province discovered this secret. At the end of last century, Foxconn in Taiwan Province Province, Acer in Taiwan Province Province and Samsung in South Korea tracked the core technologies of foreign enterprises, deployed a large number of peripheral patents, and also created a reliable killer.
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.