On September 4th, 216, Seoul High Court of South Korea rejected Qualcomm's appeal against the previous judgment of unfair competition in the Korean market, and demanded Qualcomm to implement the previous ruling issued by Korea Fair Trade Commission (KFTC) and rectify its patent licensing behavior.
in December, 216, KFTC found that Qualcomm hindered fair competition in the market when it granted patents and sold smart phone chips, and imposed a fine of 1.3 trillion won (about 912.34 million us dollars) on the latter. it also demanded that Qualcomm should re-negotiate with its competitors on the issue of patent authorization and not make unfair demands.
related contents of the patent?
article 22 of the patent law stipulates that inventions and utility models for which patent rights are granted shall be novel, creative and practical.
novelty means that the invention or utility model does not belong to the prior art; Nor has any unit or individual filed an application for the same invention or utility model with the patent administration department of the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date.
creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
practicality means that the invention or utility model can be manufactured or used, and can produce positive effects.
the existing technology mentioned in this law refers to the technology known to the public at home and abroad before the filing date.
1. novelty standards are different for inventions, utility models and designs.
For an invention or utility model, novelty means that no similar invention or utility model has been published in domestic and foreign publications, used in China or known to the public in other ways before the filing date, and no similar invention or utility model has been applied to China National Intellectual Property Administration by others and recorded in the patent application documents published after the filing date. The design for which the patent right is granted to the design shall be different from or not similar to the design publicly published in domestic and foreign publications or publicly used in China before the application date, and shall not conflict with the legal rights previously obtained by others.
second, the so-called creativity means that compared with the existing technology before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
For an invention, the so-called outstanding substantive feature means that the invention is not obvious to the technicians in the technical field relative to the prior art.. If the invention can be obtained by technicians in their technical fields through logical analysis, reasoning or limited experiments on the basis of the existing technology, the invention is obvious and does not have outstanding substantive characteristics. The so-called remarkable progress means that the invention can produce beneficial technical effects compared with the nearest existing technology; For example, the invention overcomes the shortcomings and deficiencies existing in the prior art, or provides a technical scheme with different ideas for solving a technical problem, or represents a new technical development trend.
creativity in inventing or using a utility model to judge whether an invention is creative or not should be evaluated based on the knowledge and ability of technicians in their respective technical fields. A technician in a technical field, also known as a technician in this field, refers to a hypothetical "person", assuming that he knows all the general technical knowledge of the technical field to which the invention belongs before the application date or priority date, can know all the existing technologies in this field, and has the means and ability to apply conventional experiments before that date, but he does not have the ability to create. If the technical problem to be solved can prompt the technical personnel in this field to find technical means in other technical fields, he should also have the ability to know the relevant existing technology, general technical knowledge and conventional experimental means before the application date or priority date from the other technical fields. The purpose of setting this concept is to unify the examination standards and try to avoid the influence of examiners' subjective factors.
third, practicality means that the subject matter of an application for invention or utility model must be able to be manufactured or used in industry and can produce positive effects.
the invention or utility model for which the patent right is granted must be one that can solve technical problems and can be applied. In other words, if the application is for a product (including inventions and utility models), then the product must be able to be manufactured in the industry and solve technical problems; If you apply for a method (invention only), then this method must be able to be used in industry and solve technical problems. Only products or methods that meet the above conditions can be granted patent rights.
the so-called industry includes industry, agriculture, forestry, aquaculture, animal husbandry, transportation, culture and sports, daily necessities and medical devices.
a technical scheme that can be manufactured or used in industry refers to any practicable technical scheme that conforms to the laws of nature and has technical characteristics. These schemes do not necessarily mean the use of machinery or equipment, or the manufacture of an article, but can also include, for example, methods of driving fog, or methods of converting energy from one form to another.
it can produce positive effects, which means that the economic, technical and social effects produced by the application for a patent for invention or utility model can be expected by the technicians in the technical field. These effects should be positive and beneficial.