At present, there is no unified definition of core patents. More importantly, it is very difficult to judge whether a patent is a core patent in a certain technical field. In addition, core patents sometimes refer to basic patents.
2. Simply put, peripheral patents are relative to basic patents (core patents), and their research and improvement are based on core patents. A large number of applications focus on the improvement patents of core technology patents, and these patents will revolve around them. In this way, although the holder of the peripheral patent still cannot directly use the core patent of others, it will still lead to infringement (Article 57 of the Patent Law).
In the market, if the core patents are implemented, these peripheral "fences" will also be encountered, so that "cross-licensing" can be formed, and both parties can use each other's patents without suing each other for patent infringement.
Extended data:
The role in the identification of high-tech enterprises;
The key to applying for high-tech enterprise recognition is that the enterprise has technology, and its industry belongs to the high-tech field. Independent intellectual property rights are the most critical and easy to score in high-tech appraisal.
1. The management measures for the identification of high-tech enterprises clearly stipulate that if enterprises do not have independent intellectual property rights, they will basically not be able to enter the door of applying for high-tech enterprises.
2. The requirements for independent intellectual property rights in the identification of high-tech enterprises are also relatively high.
First, in terms of time, it must be intellectual property within three years, which is a great loss for enterprises that have been established for a long time and have obtained relevant intellectual property certificates long ago, but have not applied for the recognition of high-tech enterprises in time.
Second, in terms of quantity, the requirement of intellectual property rights in the management measures for the identification of high-tech enterprises is 1 patent, and other patents need to provide more than 6, including 6.
Baidu Encyclopedia-Core Independent Intellectual Property Rights