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How do enterprises carry out patent layout and protection? Here are the "Top 10 Strategies" for reference!
Release Time：
2022-07-14
"The product is not moved, intellectual property first", this sentence is used in the product patent, that is, before the product is listed, we must do a good job of patent protection, then how to do a good job of patent protection? This involves the issue of patent layout, patent layout has peripheral patents and core patents, no wonder some products, there are dozens, hundreds or even thousands of patents. So since it comes to patent layout, from which aspects to carry out patent layout, what kind of strategy?
"The product is not moved, intellectual property first", this sentence is used in the product patent, that is, before the product is listed, we must do a good job of patent protection, then how to do a good job of patent protection?
This involves the issue of patent layout, patent layout has peripheral patents and core patents, no wonder some products, there are dozens, hundreds or even thousands of patents.So since it comes to patent layout, from which aspects to carry out patent layout, what kind of strategy?
The sniper strategy
Patent applicants only apply for a few patents and rely on them to protect their core technology/design, and do not pay attention to the protection of possible improvements in the technology or the development of the core technology or the peripheral application of the technology.Strategic fundamental patents refer to patents for the initial layout of a technology field, often with high or insurmountable surround design value.
This is a dangerous layout strategy, if the core patent is invalidated in whole or in part, there is no other patent protection related to the invention, and there is no additional patent protection to develop and improve the technology.This practice is common in small and medium-sized enterprises, or the technology development is relatively primary, or the enterprise only wants to apply for patents at the lowest cost, which is a stage patent layout strategy that does not understand the technology prospect period, once the technology enters the development period, the enterprise will generally increase the patent layout at cost.
Blocking strategy
Elfevident，Blocking is to block the road of others, so that others have no way to go, meaning that when applying for a patent, no matter whether the technology is useful, but as long as the technology is possible development direction, the patent is applied for in advance, so that competitors can not bypass their own patents, so that finally you can force competitors to spend money to buy or license their own patents.
These patents may not be core or fundamental, but they are critical. This is a very blocking patent placement strategy, the placement of patents are necessary technology in a particular product area, these patents are highly obstructive, can not avoid the design. This is a strategy adopted by technologically advanced enterprises involved in the production of products, and the stage of adoption is the technological development period. It is a layout strategy that enterprises with limited funds for patent layout are forced to adopt.
The most representative case: Qualcomm has laid out the basic patent of CDMA, so that whether it is WCDMA, TD-SCDMA, or CDMA2000 3G communication standard, it is impossible to bypass the roadblock patent of its basic patent. For example, Apple's patent layout for mobile phone and computer touch technology has also set up a big obstacle for competitors to avoid its design.
Shotgun strategy
When the development of a field is not very clear, this strategy is more applicable, the so-called shotgun must be in a certain area without a target of divergence, so in a field regardless of the first patent application, as for which technology will become the mainstream in the future, it is unknown, but this strategy will cost more.
The advantage of this strategy is that if a dominant market product is produced in the field in the future, the company's deployment of a certain shotgun patent may have a deterrent effect. The downside is that this strategy is expensive and can be overwhelming for small businesses because of limited funding for research and development. This strategy is the layout strategy of medium-sized technology pioneers when the technology is in the early stage of development, but the product direction is not clear.
Blanket strategy
Blanket layout refers to the layout pattern of a blanket patent network in which all technical solutions to achieve a certain technical goal are patented. This is a "err on the side of a thousand, do not miss one" layout pattern.With this layout, through sufficient patent mining, a large number of patents can often be obtained, and a solid patent network can be formed around a certain technical topic, so that it can effectively protect its own technology and prevent competitors from entering. Once competitors enter, they can also drive them out of their protected areas through patent litigation and other means.
However, the disadvantage of this layout mode is that it requires a lot of capital and the cooperation of research and development manpower, the investment cost is high, and in the absence of a systematic layout strategy, it is easy to evolve into a patent and patent, and it is easy to appear that patents are overflowing but can not play the expected effect.
This patent layout mode is more suitable for companies that have strong R&D strength in a certain technology field, have R&D results in various research and development directions, and expect to quickly compete with technology leaders in the patent network strategy, and is also suitable for electronic or semiconductor industries with more patent output, but less suitable for pharmaceutical, biological or chemical industries.
For example, IBM's patent layout model is a typical representative of the carpet layout, IBM in any ICT technology category, the number and quality of patent applications are among the best, relying on a large number of patents each year to obtain rich license transfer income, without the need to plunder, initiate litigation. IBM has been called a "value-creating artist."
Spoiler strategy
This strategy is similar to survival in the cracks, because some industries, basically a lot of technology has been patented by some strong rivals, so what you can do at this time is a comprehensive analysis of the industry, take all their patents to analyze, and then find out the breakthrough point.Otherwise, many companies want to apply for network equipment, but they find that many have been applied for by companies like ZTE and Huawei, so they can only analyze their patents to find a breakthrough.
This is a positive, active use of offensive patent weapons, is a fundamental deconstruction of industrial technology pioneers patent technology mainstream, its difficulty is quite high.As a technology follower, Chinese enterprises now need this layout strategy most, because this layout strategy is low cost and high utility.
Enveloping strategy
Japanese companies commonly use this form of protection by wrapping or surrounding a competitor's fundamental or critical patents with multiple applied patents.Block all the commercialization of competitors, so that competitors' R & D and production have no way to go, and force opponents to negotiate technical interaction authorization.This strategy needs to be adopted by a certain scale of enterprises, because a large number of patent applications are required and the cost is not low.
For example, the LED industry, if the underlying development of these chips are applied by other competitors, then the Japanese will apply for the application patent of the LED industry, such as LED packaging, so even if the application of the chip still needs to be applied, need to be sold to the LED industry manufacturing enterprises, So this kind of enveloping approach can make a lot of competitors have to negotiate with them about patent licensing or cross-licensing.
Straw man strategy
The purpose of the straw man strategy is to scare the competition away.The way to do this is to file a series of ambiguous patents that make it daunting for companies looking to enter the field. The patent owner who uses this strategy knows that these patents are not secure, but the competitor is too close to follow and can only use this means to push the competitor back.
This strategy is used in industries that are not accustomed to the large-scale layout of patents, there are not many patent disputes in these industries, and enterprises avoid patent disputes, and will not carefully study and review the patent scarecrow, so the deterrent "scarecrow" will be effective.
This strategy is generally used to scare some small enterprises or enterprises without patent awareness, because they do not understand or do not understand patents, so as soon as they see others apply for similar patents, they will not dare to do this related patent or related research and development.
Isolation strategy
Apply for alternatives around your core patent to prevent competitors from developing around the core patent.In this way, you can isolate your own technology field and related markets from competitors. This is a defensive patent placement strategy for mid-sized companies that focus on specific technology and product areas.This strategy is suitable for enterprise defensive patent layout.
A diversion strategy
The purpose of this strategy is to avoid competitors' own research and development methods, the main practice is that some patents choose to be disclosed in advance, some patents are not disclosed in advance, and the inventions that are disclosed in advance are delayed in submitting substantive review requests, so that competitors can not distinguish their own research and development direction.This strategy, also known as the "birdtrap strategy," is seen in the research and business strategy of large corporations.
"Design freedom" strategy
The purpose of this strategy is to ensure that every possible future design and commercialization is unimpeded, and to prevent others from placing patents against them in the field of technology that they can create, affecting the future research and development of the company.This strategy requires enterprises to continuously lay out forward-looking patents like snowplows to keep the road of future research and development open, which requires enterprises to lay out patents in various relevant areas of technological development.
This strategy is useful for productive enterprises and is the standard choice of large international multinational enterprises, but there are certain problems in the face of patent licensing enterprises without product production.No matter how dense the layout is and how thoughtful it is, there will inevitably be negligence and loopholes. It is inevitably taken advantage of by patent licensing enterprises. It is like a dictator hiring a lot of guards, but still cannot stop the assassins. This strategy requires a large financial investment.
Different patent risk strategies will produce different patent layouts.By establishing a patent monitoring system, we can timely understand the changes in the patent layout of the industry, understand the development process of our own products, and choose the appropriate patent layout strategy.
The above is the common layout of enterprises in the patent area, there is no protection strategy you have used? Or how do you protect your patents? Leave a comment below.
Source: cross-border know and network, copyright belongs to the original creator, only for learning reference, prohibited commercial use, article reprint can not contact the author, if it infringes your rights and interests please inform us.
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