Patent operators and patents?

There are broad and narrow definitions of patent management. I think the broad definition is patent application. The use of patents in commercial practice has achieved corresponding results, including promoting the market sales and operating profits of enterprises. This is the fundamental purpose of patent, because patent can promote the profit of enterprises, which can be said to be the fundamental problem. Patent operation in a narrow sense is similar to real estate agency. Generally speaking, patent operation refers to the middleman between the patentee and the patent purchaser, in order to collect intermediary fees or buy low and sell high. The narrow concept of patent operation has nothing to do with the specific product market. It simply sells patents as an independent product, and the intermediary of this store is patent operation, which is also called patent operator. Zhou's book Intellectual Property: The Bible of Global Marketing Profit points out that intellectual property should be sold as an independent property, and at the same time, it talks about what problems should be paid attention to and what links should be taken in implementation. When I say patent operation, I actually mean patent operation in a broad sense. The specific theme of generalized patent operation is as follows: 1, the first game-patent hooligans When I first came into contact with patent hooligans, I felt that this was what I should do, and he would soon realize it. However, after much contact, it is impossible to find patent hooligans in China, and patent hooligans in China will only be cracked down or locked up. Let's start with the definition of patent hooligans. NPE, which is generally called patent hooligans, is called implementing entities. They will get patents, but they will not rely on this patented technology to make products and sell them. It will let the enterprises that actually produce products provide patent license fees through litigation. In the United States, the average compensation for patent litigation is $5 million, and the lawyer's fee is $654.38+$00,000. This kind of litigation in the United States is impossible in China. The average compensation for patent litigation in China is 1/500 in the United States, that is, 1 000 USD. Therefore, it is impossible to play patent hooligans, and it is not worth doing patent hooligans in terms of time cost and labor cost. At the same time, the courts, administrative organs, media and atmosphere in our country hold a disapproving attitude towards patent hooligans, so that the development of patent hooligans in our country will be suppressed in various ways. China began to try patent hooligans when he was making ordinary mobile phones a few years ago. At that time, Xie sued Haier mobile phone with his own patent, and finally Xie lost the case. On 20 12, Cai sued Apple and lost the case. These cases show that the court does not support the operation of non-operating entities. At the same time, tell everyone that being a patent hooligan will be scolded at first; The second is not necessarily winning; Third, even if the case is won, it will cost 80,000 yuan; Fourth, it is very likely that the review board system and the court system will directly kill your patent. So I don't think patent hooligans can play in China. 2. The second big game-industrial intermediary The first mode of industrial intermediary is to transfer the patents that are idle in the hands of the patentee to the enterprises that need patents, and then collect the intermediary fee. At present, many companies have started to do this, and there are also some successful cases. The second mode is the normal mode of our patent operation. Mainly American intellectuals, its model is to screen inventors all over the world to find good technologies, and then apply for patents in their own names and their own personnel. Before applying for a patent, they will find some patent buyers to evaluate the technical requirements. When the buyer has demand, he will strictly demand the quality of the patent, and at the same time make the patent layout, and finally sell the patent to the buyer. In this mode, whether this technology is good or not will be bought by buyers. I will talk about the patent operation among the top ten factors. The third mode is that Shanghai Sheng Zhihua is more successful. Sheng Zhihua's model is basically similar to the above model and basically involves specific industries. At the same time, its general manager has done university technology transfer in the United States, where this model has matured. The patent operation in the United States is good because its technology transfer market is perfect. Almost every university in the United States has a technology licensing office (OTL), which can transfer its own patented technology to outside companies. This also greatly inspired Sheng Zhihua's mode setting. At present, the patents of Chinese universities are state-owned assets, so it is difficult to operate the patents of Chinese universities. The limitations of this system will definitely be broken in the end, and this patent operation will be successful. The fourth model is the seven-star sky. Although there are not many successful cases, they have a good foundation. Their main partners are American patent lawyers, who have a high level in patent writing, application, validity and infringement litigation. Patent agents, patent lawyers and patentees are not reliable in patent operation, because they pay more attention to a certain link and are not so extensive in market and contacts. The "Seven-Star-Day" model is to carry out global patent layout through good technical points, which are similar to those done by patent agencies. 3. The third game-capital operation and equity appreciation-operates patents as the added value of equity. For example, South China Intellectual Property Operation Center cooperated with Guangdong New Fourth Board, joined the operation center to package patents and equity, and used patent pricing mechanism to classify patents. The more patents, the higher the stock price of enterprises. Selling the patent right as part of the equity may have a greater possibility of increasing the value of the patent. In the past, patents appeared as independent products and no one wanted to buy them. But when the patent is packaged and combined with equity, users buy not the patent itself, but the equity of the whole company and all the operating conditions of the company. 4. Game 4-Qiu Zeyou is the representative of the means of competition. Qiu Zeyou applied for more than 2,000 patents for various molds of hollow floor, and then filed a lawsuit, 100, winning 90%. This is also an ability to create these patents, which can be authorized in this mode. After making these patents, it is easier to go to court, because one of competitors' products is always protected by more than 2000 authorized patents. This kind of patent layout will involve evading the principle of patent equivalence, which is difficult to grasp. 5, the fifth way to play-industrial safety Industrial safety With my own advantages, there are many customers. Of course, I will not sell a few patents to others, and it is impossible to bid farewell to others. I will choose to cooperate with customers, make a perfect layout of their patents, and then choose to invest in customer companies or choose patents. Customers only need to develop technology, and we will provide manpower and material resources for patent application to improve the possibility of patent application. Both sides, mainly based on how much money the product earns in the market, control the market by patents. This is the role of patents in industrial protection. This model has a long term and covers a wide range. But the advantages are lower cost and higher success rate. Therefore, in patent operation, we can only participate in one link, not the whole process. After all, there are many barriers. I think industrial safety is the most likely mode of patent operation. 6. Three basic factors of patent operation: First, the degree of technological innovation, knowing whether this technology is useful in the industry, most patent applications are small improvements, not breakthrough inventions, and whether patents are innovative depends on experts in the industry. Secondly, let alone the perfection of patent layout. Finally, it is difficult to estimate the market acceptance of patented products, because it is difficult to predict the popularity of products. I think market evaluation can only be done by sales people or some bosses in the industry. If there is no market for products, it is useless to perfect the patent layout. 7. The three internal factors of patent operation are mainly aimed at enterprises, which apply for patents themselves, so the internal factors of patent operation are very important. First of all, look at how much money the enterprise invests in patent operation; Then look at the boss's emphasis on patents; Finally, see if there are people who really understand patents to do patent operations. 8. Four judicial factors of patent operation The first degree of judicial protection mainly refers to the scope of implementation of the principle of equivalence; Second, how big the product is and how big the unit price of the product is. For example, large machinery needs to buy a machine for evidence preservation, which increases the cost of patent litigation. This kind of large machinery is not worthy of patent operation, but medicine, mobile phone and network are more suitable for patent operation. The third is method patent or product patent. For patent agents, try to write more product patents and less method patents, because method patents are difficult to obtain evidence in infringement evidence; Fourth, the difficulty and cost of obtaining evidence and identification.