Relationship between basic patent and improved patent ~ ~

Brief description of the case: Company A applied for the invention patent of "Optimizing the coding method of Chinese five-stroke font and its keyboard" and obtained the invention patent authorization. This patent is the third edition of five-stroke Chinese character input technology of company A; The fourth edition of its technology was publicly promoted without applying for a patent. Although the third edition of Wu Bi Font was patented, Company A provided its domestic and foreign users with the fourth edition technology. Company B manufactures and sells related products by using the fourth edition technology of Wubi font that Company A has made public. Company A then filed a patent infringement lawsuit with the court, requesting to order Company B to stop the infringement and pay a patent royalty of 400,000 yuan.

Legal analysis: the scope of protection of the invention patent right is subject to the content of its claim, and the description and attached drawings can be used to illustrate the claim. The independent requirement of the third edition of technology patent is: adopting optimized (optimized) 220 radicals to form a coding system, and carrying out conformal coding on simple and complicated Chinese characters and characters. Compared with its patented technology, the fourth edition technology is more advanced and practical. There are three main differences: 2 1 radical reduction; Reduce the font; The position of the radical code on the keyboard has been adjusted, and the above changes are far beyond the scope of the independent claim of this patent. The protection scope of the fourth edition technology and the third edition patent technology claims is not the same, that is, the fourth edition technology does not belong to the protection scope of the third edition technology.

Case summary: Enterprises should pay attention to the protection of technological achievements in the process of technological innovation. In the application and implementation of technological achievements, improvement and innovation should also be protected by applying for patents, so that protection will follow wherever technology develops. On the other hand, enterprises should also strengthen the use of patent documents, keep abreast of the development level of patent technology in the industry, actively innovate in other people's patent technology, and obtain patent rights to enhance their competitiveness. When dealing with patent infringement disputes, we can also actively adopt patent improvement technology to counter the patentee's patent technology.