Patent operation refers to the overall plan for enterprises to obtain and maintain market competitive advantage, operate patent protection means and patent information
Patent operation refers to the overall plan for enterprises to obtain and maintain market competitive advantage, operate patent protection means and patent information provided by patent system, and seek the best economic benefits. Enterprises combine their own technological innovation with patent laws and regulations and related intellectual property laws and regulations, and use patents to achieve business objectives.
Contents of patent management
Patent operation is a comprehensive means for enterprises to comprehensively apply the patent system based on enterprise innovation, and its most direct performance is the formulation of enterprise patent strategy. Enterprise patent strategic planning is an outline for enterprises to clearly understand the means of patent operation. Therefore, we understand the patent operation means based on patent strategy:
Enterprise patent strategy planning includes two aspects: obtaining patent right by using patent strategy and obtaining market competitive advantage by using patent protection means. Among them, the former involves the research and development strategy of patented technology and the introduction strategy of patented technology, while the latter includes offensive patent strategy, defensive patent strategy and winning patent competitors from other enterprises.
The content of enterprise patent operation mainly involves many factors such as management organization, personnel, information, technology, market, rights and interests. And form four systems: patent information processing system, patent research and development system, patent function guarantee system and patent legal guarantee system.
Significance of patent management to enterprises
Patent management is an effective means for enterprises to use the patent system comprehensively to win market competition. Most enterprises have not yet formed a specific patent operation concept and system, and enterprises can formulate their own management system according to the above patent operation guidelines;
Look at big enterprises, such as Haier, Huawei and ZTE. In the process of their development, they have incorporated a lot of patent operation wisdom, which also supports the market value of patent operation to a certain extent. Coupled with the complexity of the current business environment, incomplete protection of innovation will make enterprises lose their direct competitiveness. Therefore, we call on China enterprises to strengthen and study patent operation, and deeply explore its profit value to enterprises;
Since 20 13, China National Intellectual Property Administration has promoted the concept of patent operation and issued a series of patent operation support means. Enterprises need to seriously and pragmatically study and implement the patent strategy and patent operation concept.
Background of putting forward the concept of patent management
In the new business environment, patent-based competition has gradually moved from behind the scenes to the front, becoming an important form of competition among enterprises. The motivation of this change lies in the development and evolution of objects and contents in trade activities and the development and evolution of the role and status of patents in trade activities. Similar to other businesses of enterprises, the patent activities of enterprises are also caused and promoted by the external environment, especially the changes in external market demand and the need to cope with market competition. It generally follows this logic:
First of all, in contemporary commercial trade, the trade object has gradually changed from industrial product expansion package to service and technology, and the technology trade with "intellectual achievements" as the object has gradually become one of the main trade types. Because the object of technology trade is reproducible, it follows the principle of information non-conservation, which is different from the principle of material conservation followed by the trade of physical products. Therefore, technology trading has to rely on the public power represented by law to ensure the smooth progress of the transaction.
At the same time, in international trade, due to the international differences in labor and raw material prices, there have been trade barriers in international trade since its birth. Trade barriers are tariff barriers from the beginning. With the development of international trade and the deepening of multilateral negotiations, tariff barriers are gradually weakened, and intellectual property barriers closely related to technology trade are replaced. In the six trade links of R&D, including design, production, marketing, logistics and brand, developed countries firmly occupy the R&D and design links, and the output of these two links is mainly intellectual achievements. This determines that developed countries are the main suppliers of technology trade, and they must establish a strong intellectual property protection system. In the business competition environment established under the leadership of this technologically advanced developed country, intellectual property rights, especially patents, have become the key elements and important resources of competition. It is by virtue of the control of intellectual property rights that multinational companies in developed countries ensure that they continue their existing advantages in the new business environment and firmly grasp the pricing power.
There is no doubt that all enterprises participating in international competition have to face an indisputable fact. That is, patent has become a strategic factor that affects and determines the success or failure of market competition, and commercial competition has completely evolved into naked patent competition. Before the reshuffle of the industry, the new industrial structure and new balance have not yet been formed, especially so.