What is a patent war? Countermeasures of patent war

Patent war refers to the struggle to regard invention-creation patent rights as a competitive means for enterprises and even countries to develop science and technology economy. In the market competition, attack with patented products or technologies, and occupy competitors' domestic and foreign markets in order to obtain the greatest economic benefits; Or use patented products or technology to defend in market competition, so that competitors can't enter this technical field and market, thus reducing their market share and avoiding greater losses. When an enterprise reduces its losses, it increases its economic benefits. In the process of world trade integration, occupying and defending the market with intellectual property protection has become the main means of international economic struggle. Patent war is a commercial confrontation with competitors with patent rights as a competitive weapon. Because the implementation of patented technology can make great changes in the operating conditions of enterprises, which can not only make enterprises turn defeat into victory in competition, turn crisis into safety and win economic benefits, but also lose the product market and make enterprises lose their foothold. Countermeasures of patent war patent technology disputes are related to the survival and prosperity of enterprises. Therefore, enterprises try their best to fight, and the fierce and cruel patent dispute is like a hand-to-hand battle on the battlefield. (1) The negative impact of the patents of other enterprises (1) The business activities of this enterprise are limited due to the patents of other enterprises. (2) This enterprise has infringed the patents of other enterprises, and it is necessary to make economic compensation. (3) The goodwill or social image of the enterprise is damaged due to patent infringement. (4) If you make economic compensation and pay appropriate fees, you can continue to use this technology, but the cost is greatly increased and the economic benefits are no longer profitable. (5) The enterprise is unable to bear the initial investment cost of changing production, and the enterprise is in business crisis. (2) Countermeasures for patent wars (1) Take the lead in filing patent applications. (2) Excluding the realization of patents of other enterprises, in order to reduce the disputes and disputes over patent rights of related enterprises, the state has stipulated the D objection system or invalid reexamination system. Enterprises should pay close attention to the development and production direction of patents related to their own operations, and put forward veto opinions on patents applied by other enterprises in time. (3) Research on alternative technology. (4) purchasing or developing more advanced technology patents. (5) Purchase related patents or patent use rights. (6) Competition is very important to realize enterprise alliance. (7) Cancel the development plan of the enterprise in this business field and withdraw from the business field without competitive advantage. (3) Infringement and patent infringement of rights-defending enterprises against other rights holders in their business activities can be divided into negligence infringement and intentional infringement, but both must stop the infringement. If the owner suffers economic losses, he should make compensation. If the owner suffers serious damage, the enterprise will even be punished by criminal law. There are two ways of infringement: direct infringement and indirect infringement. When an enterprise protects its design, it mainly prevents other enterprises from imitating its product design and service model. The product design of this enterprise should avoid conflicts with the existing designs of other enterprises. The ownership of research achievements and R&D achievements entrusted by enterprises to other institutions and facilities belongs to many enterprises, mainly by focusing on controlling the terms of R&D agreements and contracts, and fulfilling their obligations in full and on time during the implementation process, so that enterprises are in a strong position.