There are many factors to be considered in enterprise patent layout. Usually, the factors that need to be considered are: why the patent layout should be carried out, when the patent layout and application progress planning should be carried out, where the patent layout should be carried out, and what technology should be used to carry out the patent layout;
At the same time, the factors to be considered are: technology classification layout, technology hierarchy layout, different patent types layout and so on. In addition, the cooperation of personnel at all levels in all departments of the company, the requirements of knowledge and the financial budget of patent layout should also be taken into account.
The purpose of layout
Enterprise patent layout, first of all, we should consider why enterprises should carry out patent layout, that is, what is the purpose of patent layout. Enterprise patent layout, usually for a project, or for a technical field in the industry where the enterprise is located. Each layout has more or less different purposes. Personally, the patent layout of enterprises should be market-oriented, which can be roughly divided into two aspects: in order to occupy a dominant position in the market, or in order to divide the cake in the market.
If it is dominant in the market, it usually means that the enterprise is in the leading position in this technology, or it has seized certain market opportunities by entering this field earlier. This purpose is usually manifested as:
First, to protect core technologies or core products;
Second, in order to limit competitors, enjoy the market cake alone and not give competitors access opportunities;
Third, in order to consolidate the market position.
So:
If it is to protect core technology or core products, enterprises should at least apply for all core patents or basic patents to achieve technical goals through the form of roadblock layout; If it is to prevent competition from entering the market and share the cake, enterprises should increase investment. In addition to applying for core patents and basic patents, you should also apply for all patents that evade design schemes, including deterioration schemes and alternatives, or all solutions to technical points that achieve technical goals according to wall layout or carpet layout.
If it is to consolidate the market position, enterprises should not only apply for core patents and all evasive design schemes, but also apply for peripheral patents and cutting-edge technology patents around the core patents according to the candy heart layout model, so that when implementing the core patents, they will not be subject to others because of the fence layout patents for their core patents.
If you want to divide the cake in the market, it means that the enterprise is not dominant in technology or entered the field late, so basically the core patents are in the hands of others, which can be arranged according to the following circumstances:
Looking for blank spots that others have not laid out for layout may also lead to unexpected core patents, because many enterprises do not know how to consider all aspects or neglect when applying for patents;
Find circumvention design by deteriorating or replacing the core patents already laid out by others;
On the basis of other people's core patents, the layout of peripheral patents and cutting-edge technology patents is carried out to limit the application and development of other people's core patents.
Through the above channels, we can compete with enterprises with core patents and leading technologies, gain the possibility of cross-licensing and technical cooperation, and thus gain market share.
2. It's time for layout.
China's patent system adopts the first application system, that is, no matter who completes the same invention and creation first, the time of submitting the application for the first time is used to judge who owns the patent right. Based on this principle, enterprises should generally apply for patents as soon as possible.
But generally speaking, the earlier the application is filed, the sooner the patent content is made public, that is, the sooner it is made public, the sooner it will provide technical enlightenment to competitors, and competitors can conduct research on this basis to avoid patent infringement through deterioration and substitution. Then, when the products of this enterprise come out, the products of competitors may also appear in the market to compete with this enterprise at the same time. Therefore, considering the research and development difficulty of technology itself and the development trend of technology, considering the development progress of enterprise products, reasonably planning the time of patent layout and accurately grasping the timing of patent application can not only increase the research and development cost of competitors, but also maintain their competitive advantage in technology, and will not lose the patent right because of the successful independent research and development of competitors.
Because the patent layout is restricted by the research and development progress and cost budget, it is usually impossible to reach the goal in one step.
In the early stage of the product, it generally includes the stage from product planning to determining the specific scheme. At this time, pre-project search is generally conducted to analyze the patents in the industry. After analysis, enterprises generally know what their technology is like in the industry. If the patent layout of this technology in the industry is blank, then enterprises may occupy a dominant position. At this time, the core patents or basic patents can be laid out first through the roadblock layout to seize the market opportunities. If the budget is sufficient, according to the direction of product research and development, a large number of patent layouts should be made for core patented technologies, including all possible circumvention technical schemes of core patents and all schemes of various technical points, initially forming a wall layout or carpet layout, and constructing a patent network of a certain scale to prevent competitors from entering. However, if the number of industrial patents is found to be very large after retrieval and analysis before the project is established, it is necessary to further analyze whether there are gaps in the patent layout in this technical field, whether there are other deterioration or alternatives, and whether it is necessary to make a fence layout around other people's core patents.
In the middle of the product, that is, in the actual production process of the product, there will be various problems. At this time, technicians may find that there are other schemes that can achieve this technical goal, which may be alternatives to the original scheme or worse schemes, so they should consider applying for these schemes to further consolidate the wall layout and increase the market barriers; In addition, more technical points can be found to overcome, thus further strengthening the patent network composed of carpet layout. Therefore, most of the technical solutions produced in the mid-term of the product are adjustments, supplements and improvements to the previous layout.
By the end of the product, that is, the product production process is completed, at this time, the direction of research and development should be more clear. At this time, we can consider applying for peripheral patents and cutting-edge technology patents related to the products according to the layout of the sugar centers, so as to avoid being restricted by other people's patents and maintain our own technological advantages.
3. Technical scope of layout
Not all technologies are suitable for patent application, and the patent layout should also consider which technical solutions need to be patented and which technical solutions should be protected by other means instead of applying. Enterprises usually have three ways: patents, trade secrets and technology disclosure. Patents apply to technologies that are easily cracked and counterfeited; Trade secrets are suitable for technologies that are not easy to be cracked, and even if they are infringed, it is difficult to obtain evidence; Technology disclosure is suitable for technologies that are easy to be cracked, but have a short life cycle and may be eliminated before authorization. In practice, the protection of a technology can be combined with the above three ways from macro, meso and micro aspects. For example, if the technical scheme is not clear, publishing a paper through technical disclosure or publishing it at a technical meeting can, to a certain extent, influence others to apply for a patent for the technology. The technology required by the patent can be realized, so if the technical scheme is basically determined, you can apply for a grace period for novelty, but you should pay attention to the conditions of the grace period for prior technology disclosure. For some hidden contents, such as technical parameters that have a decisive impact on technical effects, trade secret protection can be considered.
Geographical scope of the layout.
Due to the high cost of international patent application, many enterprises only apply for patents in China, but the patents are regional, and the patents applied in China have no rights in the United States. However, if the whole world applies for a patent, the cost is too high, and the patent protection system in some countries is not perfect or the market is not good, there is no need to apply. Therefore, enterprises should at least consider where their products are produced and sold, and which countries and regions the products may cover, so as to carry out patent layout in these countries and regions. In addition, we should also consider the countries and regions where competitors' products are manufactured and sold, and these countries and regions should also make patent layout accordingly, so as to limit competitors' markets and fight back when patent litigation occurs with competitors to avoid becoming fish.
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