(A) the basic strategy of patent
The starting point of implementing patent strategy includes three basic understandings: first, there is no patent without invention and creation, and there is no patent strategy; Second, not every technological achievement can be worth a hundred times and monopolize the market after applying for a patent. The key lies in whether the enterprise chooses the development goal accurately; Third, only by choosing the appropriate technology development strategy according to the strength and foundation of our country and our enterprise can we accelerate the transformation of resources into products or services through technology. If there is only a patent without creative use, it is impossible to achieve economic benefits.
(B) patent application strategy
Whether the technology developed by an enterprise applies for a patent or is used as a technical secret or in other ways depends on the needs of the enterprise's patent strategy and business strategy. Usually, enterprises should establish a system, which is composed of management, technology, law, sales and other personnel to evaluate the inventions made by enterprises and decide whether to apply for patents. Once you decide to apply, you should analyze the country that applied for the patent. Generally, the "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. But if the invention belongs to the high-tech category, such as microelectronics and genetic engineering, only a few enterprises can produce this product. In this case, the "market-oriented" application strategy may not be the best. At this time, we should consider the "production-oriented" application strategy, that is, apply for patents in countries where competitors are engaged in production and operation. In case of infringement, the patentee can take legal measures to confiscate the infringing product in the country of origin, regardless of which country the product will be sold. For countries with highly developed industries and broad markets, these two strategies can be used at the same time. In short, enterprises 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
It includes three aspects: using the patents granted by this enterprise, using the patents of other enterprises and using the patents of this enterprise by other enterprises. The selection, application and combination of specific strategies should scientifically analyze the factors such as enterprise scale, enterprise type, enterprise performance, enterprise reputation, enterprise technical strength, enterprise brand strength, enterprise information ability and enterprise development strategy between enterprises and competitors or partners, and flexibly select and implement them in practice.
1. Patent monopoly strategy, which does not grant permission to enterprises in any country, only pursues the exclusive interests of patented enterprises. However, enterprises should be able to bear the risks of market development and have investment conditions.
2. Licensing implementation strategy, allowing other enterprises to implement their own patents at a certain cost. This strategy is adopted under the unconditional implementation of such enterprises.
3. Licensing strategy, a strategy to license other enterprises to use their own patents and charge a certain royalty when the production capacity is far from meeting the market demand.
4. The strategy of combining patents with products. Enterprises holding basic patents allow other enterprises to use their own patents, but in exchange, they impose their products on each other to improve their position in the market competition.
5. The strategy of combining patents with trademarks. After the goods are put on the market, for greater benefits, the patent right and the related trademark right can be tied together for sale or licensing. Trademark plays a great role, but it takes some time and investment to gain a foothold in the market. In order to reduce the advertising investment of trademarks, we can adopt the strategy of compulsory use of trademarks as the exchange condition of patent rights.
6. Patent investment strategy, taking patented technology as shares, and gradually establishing joint ventures or joint ventures with local capital in various countries, and taking advantage of the patented technology of this enterprise in this company to grasp the leading position. Dupont in the United States is good at adopting this strategy.
7. Cross-licensing strategy. With the development trend of technology becoming more and more complicated, it is impossible for even large enterprises to monopolize technology, so the strategy of bringing their respective technologies closer to each other and signing licensing contracts with mutual patents has emerged, thus forming common technological advantages. In addition, in the case that the technology of other enterprises in the same industry is very close, or even the ownership of power is complex, in order to prevent confusion, cross-licensing strategy can also be adopted. It can be the exchange of similar technologies or different technologies to make up for their respective weak links.
8. Patent cooperation strategy. It is a cooperation strategy for enterprises to cooperate with each other's patents. Most of them appear in the form of production cooperation to prevent patent disputes.
9. The introduction of patent strategy, the enterprise itself is not engaged in technology development, and specializes in introducing excellent patented technologies from other enterprises.
10. Patent purchase strategy is a strategy to buy all competitors' patents, thus monopolizing the market. Different from the strategy of importing patents, the purpose of purchasing patents is not limited to importing technology, but ultimately to monopolize the market. The patent purchase strategy should be sufficient, otherwise it may violate the Anti-Monopoly Law.
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12. patent regression strategy, which can be adopted by both countries and enterprises.
13. the strategy of combining patents with standards. The United States spends more than 700 million dollars on the research and formulation of technical standards every year. Most of these standards are bundled with a large number of American patents. On the contrary, China only spends more than 80 million RMB each year to study and formulate technical standards. Because China publishes about 4,000 technical standards every year, the research and development cost of each standard is 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 the greatest economic benefits. "Technology patenting, patent standardization and standard monopoly" has become a new game rule of international competition under the condition of knowledge economy. The essence and characteristics of standards are the intellectual property rights of technology in the technical system. Because the patent right is regional and exclusive, once this standard is popularized, it will form some form of monopoly, especially in terms of market access, it will exclude products that do not meet the standard, and only regard products that meet its own standards as secret stories, so as to achieve the purpose of excluding dissidents. This is the key to the relationship between technical standards and intellectual property rights. We should be in line with the current international technical standards and the rules of the game of intellectual property policy, and work out the best scheme of combining our own technical standards with intellectual property policy. In recent years, China has also begun to invest heavily in researching and formulating technical standards in some major fields. For example, China has implemented the standard strategy in three major areas (digital TV, EVD, plasma display screen), and Tsinghua University and Shanghai Jiaotong University have received more than 300 million yuan from the state to study and formulate technical standards for digital TV; In the field of laser disc players, the Ministry of Information Industry of China has provided strong support for the research and formulation of EVD technical standards of Beijing Guo Fu Company. In the field of plasma display panels, Southeast University has received strong support. In recent years, China has also promulgated the technical standard of wireless communication encryption. In the process of formulating the above technical standards, we should bind the patents of Chinese enterprises, especially the core patents. The measures to implement patent strategy in standards include: trying to bring proprietary patent technology into the standard system; Establishing intellectual property alliance and participating in the formulation of standards; Appropriate use of technical barriers such as patent standards. As early as 1998, Philips established the "System Standards Licensing Department", which was responsible for the management of technical standards and patent licensing, and formed a "patent licensing special package" with its own enterprise characteristics.
(D) Patent defense strategy
Patent improvement is carried out in other enterprises, or the patents of other enterprises hinder this enterprise. In order to protect the enterprise from losses or minimize the losses suffered by the enterprise, it is necessary to adopt a patent defense strategy. Include: 1. Patent map strategy; 2. Literature disclosure strategy; 3. Dissent interference strategy; 4. The strategy of obtaining technical information through objection; 5. Peripheral patent strategy; 6. Strategies to bypass rights; 7. The strategy of losing power; 8. Priority strategy; 9. Strategies for importing, purchasing and obtaining licensed patents; 10. Expired usage policy.