The hottest patent strategy is an important factor

2022-10-13
  • Detail

Patent strategy: an important factor to improve the competitiveness of enterprises

reading tips

in the face of the trend of global economic integration, patent strategy has become an important means of fierce competition in the international market, and the full development of patent literature resources is a reliable guarantee for the implementation of patent strategy and winning the market. Therefore, China's patent work should start with improving the overall national awareness of intellectual property protection, formulating corresponding policies that help to strengthen patent work, and strengthening the construction of patent talent team and patent document system, which is an effective way to improve the core competitiveness of enterprises and even the whole country

with the rapid development of science and technology, human society has entered the era of knowledge economy. In this knowledge-based era, knowledge has become the most important strategic resource for social development, and knowledge innovation ability is the core competitiveness of sustainable development, ranging from countries to enterprises

As an important part of intellectual property rights, patents play a vital role in the development of enterprises. According to the long-term practical experience of economic development in developed countries, popularizing the concept of intellectual property rights, strengthening the patent awareness of scientific and technological personnel and production and management personnel, learning to use patent strategies, and effectively developing and utilizing patent literature resources are important ways to enhance China's scientific research, production, and business competitiveness

patent strategy - an important means to compete for the international market

patent strategy refers to the overall strategy that enterprises will reduce the speed of wear and tear to a large extent, and make full use of the patent system to maximize the economic benefits of enterprises. Among developed countries, the implementation of Japanese patent strategy is the most successful. After World War II, Japan caught up with the US patent strategy offensive, and finally formed a patent strategy to compete with the US patent strategy offensive. After World War II, Japan's economic strength and scientific and technological strength were relatively weak, and it was difficult to compete with Europe and the United States, so it embarked on the road of technology introduction and became a major importer of patented technology

in the late 1970s, relevant people in the United States pointed out that the primary reason why the technological advantage of the United States gave way to Japan was that a large number of American patents flowed to Japan. In 1952, Japan's total export volume was only 800 million US dollars. After more than 20 years after the war, it spent 5.7 billion US dollars to buy foreign patents. By 1990, the total export volume had reached 286 billion US dollars, while in 2000, the total export volume climbed to 479.3 billion US dollars, ranking third in the world after the United States and Germany

when Japanese enterprises moved the "invasive" patent activity model to the American market, Americans and Japanese launched a patent war. In the past 20 years, the competitiveness of American industrial products once declined, while Japan has gradually established a comparative advantage in many industries where regenerative medicine products are mainly composed of stem cells, tissue-engineered tissues and organs with biomaterials as scaffolds, and transplantable biological tissues and organs

in that year, the Carter administration and Reagan Administration formulated new patent policies and took effective measures to protect American intellectual property rights. Therefore, between 1980 and 1990, the number of new patent infringement lawsuits filed in the United States each year increased by about 50%. In the famous Polaroid v. Kodak case, Kodak was sentenced to compensation of $437.8 million for infringing Polaroid's imaging technology patent, plus accumulated interest of $435.6 million

since the early 1990s, more and more U.S. patentees have made counter attacks on Japanese enterprises. As a result, the Japanese were either sentenced to pay high infringement compensation  or to settle by paying high licensing fees

it can be seen that in the face of the fierce competition in the market economy, who can effectively grasp the "double-edged sword" of patents and be able to attack and defend well, who can take the initiative in the battlefield of economic development and remain invincible

patent literature resources are an important guarantee for the implementation of patent strategy.

facing the market economy, enterprises must have a successful strategy. The key to the formulation and implementation of patent strategy lies in the use of patent documents

patent information appears in the form of patent documents, and its most direct and important role is the technical content it contains. This is a history of the development of Applied Technology in the world since modern times. It is not only famous for its extensive content and rapid reporting, but also the unified international patent classification system provides convenience for rapid retrieval of invention and creation information. A major feature of patent documents is that they are published quickly and transmit information quickly

in addition, the prominent role of patent documents is also reflected in the rich legal information it provides. The category of patent documents, the submission date of patent applications, the effective date of patent rights, the countries and regions of patent applications and approvals, the scope of patent protection requests, etc. are all indispensable legal basis for raising new patent applications, resolving patent disputes, patent transfer and patent technology introduction

China's patent document system has begun to take shape. At present, the State Intellectual Property Office has the patent document retrieval center with the widest collection and the largest number of patent documents in China. It is one of the international retrieval offices recognized by PCT. At present, the Patent Documents Department of the Bureau has collected about 40million patent documents all over the world, increasing at the rate of more than 1million every year, including the full text of patent specifications of 28 countries and 3 international organizations, as well as patent bulletins, patent abstracts and patent search tools of 32 countries and 2 international organizations. At present, Chinese patent documents applying for patents in China can be queried and downloaded free of charge on the station of the State Intellectual Property Office. In addition, the provincial intelligence offices distributed in 30 provinces, cities and autonomous regions in China contain patent documents of the United States, Britain, France, Japan, Germany, the former Soviet Union, Switzerland and other countries and international organizations for nearly 20 years or more, as well as a full set of patent documents since 1985. The huge social and economic value of this set of boring statistics is immeasurable

current task - fully develop and make use of the treasure house of patent literature resources

on the overall level, the weak patent awareness of Chinese enterprise managers and scientific and technological personnel has become a bottleneck impeding China's economic development, which makes Chinese enterprises in a disadvantageous position in the fierce competition in the international market. Rapidly changing this situation and strengthening their patent awareness has become an urgent task for China's current reform and opening up and accelerating social and economic development. This is also the premise and condition for fully developing and utilizing the treasure house of patent literature resources, effectively safeguarding the inviolability of patent rights and accelerating the pace of economic construction. According to the actual situation of our country and referring to the experience of foreign countries in this regard, the author believes that we can start from the following aspects:

1 We should improve the patent awareness of the whole nation as soon as possible, and use various media to publicize and popularize the value of patent documents, so that the broad masses of the people can fully understand the important role of patent documents in the national economy, especially in the development of science and technology

2. The state should formulate corresponding policies and strengthen the role of patent information in science and technology, macroeconomic decision-making, scientific research projects, new product development and technology import and export, so as to avoid repeated research and reduce blindness

3. Strengthen the construction of professional teams engaged in intellectual property management. China is in urgent need of training a group of professionals. From scientific and technological achievements to applying for intellectual property protection, intellectual property agency talents are required. The transfer of patented technology to enterprises or entry into pilot tests also requires talents in intellectual property intermediary, evaluation, consultation and trading

4. Reform the incentive policy for scientific and technological achievements, and establish a patent management and evaluation system in line with international practice. Establish corresponding systems for the protection and application of intellectual property rights in China's scientific research departments, enterprises and institutions, so as to ensure the implementation of intellectual property protection. In view of the weak ability of Chinese enterprises to use patented technology and intellectual property rights, we should set up special institutions in enterprise units and allocate full-time personnel to take charge of intellectual property work. Assist scientific and technological personnel to timely file patent applications for technologies that meet the patent application conditions in different development stages of the unit, so as to prevent others from preempting the application

5. In international trade activities, the introduction and export of technology requires legal status investigation. When introducing technology, we should investigate and analyze the legal status of the technology to prevent foreign obligees from selling invalid patented technology to us. Especially for Sino foreign joint ventures, if the other party invests in scientific and technological achievements, new products or proprietary technology, it should know the details of the technology. When exporting technology or products, we should prevent infringement disputes

6. We will strengthen the construction of the patent document system and establish a nationwide collaborative patent document service network. Accelerate the automation and networking of patent document retrieval, and publish the following as soon as possible: the full text of Chinese patent documents since 1985. The investment needs to improve the processing level of hardware, software and data, build a sharing platform, and put data into this standard without clearly instigating processing, analysis, indexing, improving data quality, etc. Countries' investment in data sharing can be rewarded elsewhere

facts have proved that patent strategy is a powerful weapon in business war. Whether this weapon can be effectively used can often determine the fate of the survival and development of a small enterprise, a large nation and even the whole country. In a sense, improving people's patent awareness, especially the patent awareness of scientific and technological personnel and managers in enterprises and institutions, scientific research institutions, and mastering this weapon in the business war is a reliable guarantee to improve the core competitiveness of enterprises and even the whole country and make it invincible. (the author is an associate researcher of the Graduate School of the Chinese Academy of Social Sciences) (end)

Copyright © 2011 JIN SHI