From different perspectives, the strategic models of patent strategy can be summarized. For example, patent strategies adopted in response to competition include basic patent strategy, peripheral patent strategy, imported patent strategy, document disclosure patent strategy, etc.; patent acquisition strategy, cross-licensing strategy, and combination of patents and trademarks adopted to adapt to market changes. strategy, the strategy of combining patents and standards, the strategy of patent investment and product export; the patent collaboration strategy, the joint development strategy, the patent return strategy, the basic patent expiration strategy and the foreign patent strategy adopted to seek the company's own development Strategy etc. A brief description is as follows:
(1) Basic patent strategy
The starting point for implementing patent strategy includes basic understandings in three aspects: First, there is no patent without invention and creation. Patent strategy There is no way to talk about it; secondly, it is not that any technological achievement can be worth a hundred times as much and monopolize the market after applying for a patent. The key lies in whether the company has accurately selected the development target; thirdly, it can only be based on the strength and foundation of the country and the company. Only by choosing an appropriate technology development strategy can we accelerate the transformation of resources into products or services through technology. Simply having patents without using them creatively cannot achieve economic benefits.
(2) Patent application strategy
Whether the technology developed by an enterprise should be patented or treated as a technical secret or in other ways depends on the needs of the enterprise's patent strategy and business strategy. Usually, an enterprise should establish a system in which an organization composed of management, technical, legal, sales and other personnel of the enterprise will evaluate the inventions and creations made by the enterprise and decide whether to apply for a patent. Once you have decided to apply, you should analyze the countries in which to apply for the patent. Generally, a "market-oriented" application strategy is adopted, that is, the country with the largest market or the largest population is given priority to apply for patents. However, if the invention and creation belong to a high-tech category, such as microelectronics, genetic engineering, etc., only a very small number of companies can produce such products. In this case, the "market-oriented" application strategy may not be the best. At this time, the "production-oriented" application strategy should be considered, that is, applying for patents in countries where competitors are engaged in production and operations. Once infringement occurs, the patentee can take legal means to seize the infringing products at the place of origin regardless of the country where they will be marketed. For countries with highly developed industries and broad markets, both strategies can be applied simultaneously. In short, companies should consider applying for patents in countries with potential markets or potential competitors to protect their market interests and competitive advantages in these countries.
(3) Patent utilization strategy
Including three aspects: the utilization of the patents applied for by the enterprise, the utilization of other enterprises' patents, and the utilization of the enterprise's patents by other enterprises. The selection, application and combination of specific strategies should scientifically analyze the company's size, company type, company performance, company reputation, company technology strength, company brand strength, company information capabilities, company development strategies and other aspects compared with its competitors or partners. factors, flexibly selected and implemented in practice.
1. Patent exclusivity strategy does not grant licensing rights to companies in any country, and only pursues the exclusive interests of patent companies. However, the enterprise must be able to bear the risks of market development and have the conditions for investment.
2. Licensing implementation strategy: licensing other companies to implement the company's patents for a certain fee. This strategy is adopted when the company implements it unconditionally.
3. Licensing strategy: when its own production capacity is far from meeting market demand, it can license other companies to use its patents and charge a certain usage fee.
4. A strategy that combines patents with products. Companies that hold basic patents allow other companies to use their patents, but as a condition of exchange, they impose their own products on others to improve their competitiveness. position in market competition.
5. The strategy of combining patents and trademarks. After the products are put on the market, the patent rights and related trademark rights can be bundled together for transfer or licensing for the sake of greater benefits. Trademarks play a great role, but in order for a trademark to gain a foothold in the market, it requires a certain amount of time and investment. In order to reduce the advertising investment of a trademark, a strategy can be adopted that forces the use of the trademark in exchange for the use of patent rights.
6. Patent investment strategy: use patented technology as a stake, and gradually establish joint ventures or joint ventures in various countries with local capital, and use the company's patented technology in the company to gain control over it. DuPont in the United States excels in this strategy.
7. Cross-licensing strategy. As technology becomes more complex and complex, even large companies cannot monopolize technology. Therefore, they have to bring their respective technologies closer to each other and sign contracts to Mutual patent rights cross-implement the strategy of licensing contracts, thereby forming joint technological advantages. In addition, when the technology of other companies in the same industry is very close, or even the ownership of power is complicated, in order to prevent confusion, a cross-licensing strategy can also be adopted. It can be the exchange of similar technologies, or it can be the exchange of different technologies to make up for one's own weaknesses.
8. Patent collaboration strategy, in which companies cooperate with each other’s patent rights, is a collaborative strategy. They often appear in the form of production cooperation to prevent patent disputes.
9. Introduce patent strategy. The company does not engage in technology development itself, but exclusively introduces the excellent patented technology of other companies.
10. Patent acquisition strategy is to buy out all the competitors’ patents to monopolize the market. Different from the patent introduction strategy, the purpose of patent acquisition is not limited to introducing technology, but ultimately to monopolize the market. Patent acquisition strategies must be limited, otherwise they may violate the Antitrust Law.
11. Patent sales strategy. When the company's patents are idle and become virtual value or low-value assets, the patent rights can be sold as ordinary commodities to achieve the purpose of revitalizing the company's capital.
12. Patent transfer strategy, both the country and enterprises can adopt patent transfer strategy.
13. Strategy combining patents and standards. The United States spends more than $700 million every year on research and development of technical standards. Most of these standards are tied to a large number of US patents. On the contrary, China only spends more than 80 million yuan on research and development of technical standards every year. Since my country issues about 4,000 technical standards every year, the research and formulation costs for each standard are only about 20,000 yuan. At present, many developed countries, multinational companies and industrial alliances are striving to upgrade their patented technologies to standards in order to obtain maximum economic benefits. "Technology patenting, patent standardization, and standard monopoly" have become the key to international competition under the conditions of knowledge economy. New rules of the game. The essence and characteristics of standards are the intellectual property rights for technology in the technology system. Since patent rights are territorial and exclusive, once such standards are popularized, a certain form of monopoly will be formed, especially in terms of market access, which will exclude others. Products that meet this standard will only be regarded as direct descendants of products that meet their own standards, thereby achieving the purpose of excluding dissidents. This is the crux of the relationship between technical standards and intellectual property. We must be in line with the current international technical standards and intellectual property policy rules of the game, and formulate the best solution for combining our own technical standards and intellectual property policies. In recent years, our country has also begun to invest heavily in research and formulation of technical standards in some major areas. For example: my country has implemented standards strategies in three major fields (digital TV, EVD, and plasma displays). Tsinghua University and Shanghai Jiao Tong University have received more than 300 million yuan from the state to research and formulate technical standards for digital TV; in laser video disc players In the field of plasma display screen, the Ministry of Information Industry of my country has provided strong support to the research and formulation of EVD technical standards of Beijing Fuguo Company; in the field of plasma display screen, Southeast University of my country has received greater support. In recent years, our country has also announced encryption technology standards for wireless communications. In the process of formulating the above technical standards, the patents of Chinese enterprises must be bundled, especially the core patents. Measures to promote patent strategies in standards include: striving to incorporate proprietary patented technologies into the standard system; forming an intellectual property alliance to participate in the formulation of standards; and appropriately using technical barriers such as patent standards. Phillips Company established the "System Standards Licensing Department" as early as 1998, which is responsible for technical standards management and patent licensing work, and has formed a "special package of patent licensing" with its own corporate characteristics.
(4) Patent defense strategy
When other companies make patent improvements, or other companies’ patents hinder the company, in order to protect the company from losses or use To minimize the losses suffered by this enterprise, a patent defense strategy needs to be adopted. Including: 1. Patent map strategy; 2. Document disclosure strategy; 3. Objection interference strategy; 4. Opposition strategy to obtain technical information; 5. Peripheral patent strategy; 6. Bypassing rights strategy; 7. Rights failure strategy; 8 .First use right strategy; 9. Introduction, acquisition, and license patent strategy; 10. Expiration use strategy.