Background of putting forward the concept of patent operation

In the new business environment, patent-based competition has gradually moved from behind the scenes to the front, becoming an important form of competition among enterprises. The motivation of this change lies in the development and evolution of the object and content of trade activities and the role and position of patents in trade activities. Similar to other businesses of enterprises, the patent activities of enterprises are also caused and promoted by the external environment, especially the changes in external market demand and the need to cope with market competition. It generally follows this logic:

First of all, in contemporary commercial trade, the trade object has gradually expanded from industrial products to services and technologies, and technology trade with "intellectual achievements" as the object has gradually become one of the main trade types. Because the object of technology trade is reproducible, it follows the principle of information non-conservation, which is different from the principle of material conservation followed by the trade of physical products. Therefore, technology trading has to rely on the public power represented by law to ensure the smooth progress of the transaction.

At the same time, in international trade, due to the international differences in labor and raw material prices, there have been trade barriers in international trade since its birth. Trade barriers are tariff barriers from the beginning. With the development of international trade and the deepening of multilateral negotiations, tariff barriers are gradually weakened, and intellectual property barriers closely related to technology trade are replaced. In the six trade links of R&D, including design, production, marketing, logistics and brand, developed countries firmly occupy the R&D and design links, and the output of these two links is mainly intellectual achievements. This determines that developed countries are the main suppliers of technology trade, and they must establish a strong intellectual property protection system. In the business competition environment established under the leadership of this technologically advanced developed country, intellectual property rights, especially patents, have become the key elements and important resources of competition. It is by virtue of the control of intellectual property rights that multinational companies in developed countries ensure to continue their existing advantages in the new business environment and firmly grasp the pricing power.

There is no doubt that all enterprises participating in international competition have to face an indisputable fact. That is, patent has become a strategic factor that affects and determines the success or failure of market competition, and commercial competition has completely evolved into naked patent competition. Before the reshuffle of the industry, the new industrial structure and new balance have not yet been formed, especially so.