Gem Patent search: Less than more than 30% of the invention patent is false patent

Source: Internet
Author: User
Keywords Patent
Gem Patent search: Invention patent only 28.3%, 7 Beijing Company before the listing of the overnight registration with the exposure of permanent patent events in Suzhou, more and more gem company was found to have a patent problem, or the most "gold-content" of the invention patent, or before the IPO surprise application. Financial weekly IPO Laboratory for this year, has been the gem of the 14 names with "Science and technology" two companies to carry out patent inspection, they are: Suzhou permanent photoelectric technology, Beijing Hyland Data Technology, Beijing Bi-source technology, Beijing, when the material technology, Beijing three Poly Environmental Protection materials, Beijing Yantai Longyuan Power Technology,  Hangzhou Zhongrui Technology, Shanghai Hua Ping Information Technology, Beijing Digital video technology, National technology, Lanzhou technology, easily linked information technology, Wuhu long letter technology, Shenzhen Silver Jie. Of these 14 companies, has been authorized by the State Intellectual Property office or the Overseas Patent Office total 244, but the true technical content of the invention patent only 69, accounting for 28.3%. In addition, 11 patents have been invalidated in the authorized patents.  Interestingly, the 14 companies listed in their prospectus the large number of patents they are applying for, but the time of application is concentrated in the critical period of 2008-2009 listing materials.  Less than 30% invention patents, "many are false patents" "Many patents are in the form of a fake, like the utility model patent, the appearance patent is useless, only the invention patent has the value", the Shanghai prominent rights lawyer Song Yixin to the financial weekly reporter said that sees an enterprise's patent to see the invention patent, only has the invention patent to have the technical content.  "For enterprises, the most difficult invention patent, and utility model, appearance of the patent is relatively low," Wang Xiaoxian, Director of law Department of Guangdong University of Technology told reporters. Of the 14 technology companies, 244 patents have been granted and only 69 patents have been patented, accounting for 28.3%.  According to the specific company, Hangzhou in the 55 patents owned by the science and technology, only 1 are invention patents; Shanghai Hua Ping Information Technology currently has 44 patents, of which only 2 invention patents, accounting for 4.55%, and long-lasting photoelectric already has 5 patents, completely without the figure of invention patents. Beijing Three Poly Environmental protection materials, national technology, digital video has patented technology of a slightly higher gold.  Beijing Three Poly Environmental protection materials currently has a total of 34 patents, one of the 30 invention patents, the national technology currently has a total of 26 patents, including 18 invention patents, accounting for the existing patent 69.23%, digital video has 12 patents, of which there are 7 invention patents, accounting for 58.33%. Gem emphasizes high technology, but the "technical content" of listed companies is generally low. "This is the reality of China," Wei An, deputy general manager of Citic Securities Investment Bank. "There are many patents in the country are false patents, in fact, gem listed companies are very low technical content."  "Song Yixin said. 7 Beijing companies before the launch of the surprise application, "in order to marketListed "according to the investigation, gem listed companies have not much invention patents, but are applying for a lot of invention patents, and the application time is concentrated on the eve of the listing of 2008-2009."  Interestingly, as many as 7 of the 9 venture-board companies that are applying for the Blitz are from the Beijing area. According to the specific companies, the national technology is applying for a total of 66 patents, in addition to 2006, 2007, the 3 patents, the remaining 63 patents are concentrated in 2008 and 2009. National technology in the application of the invention patent has 61. On the eve of the listing, why did you apply for so many patents?  National Technology Director Sun Yuan to the financial weekly reporter's explanation is, "the patent is the company technology development achievement, is not related to the listing". Coincidentally: The digital video in the application of the invention patent has 34; Beijing three-poly environmental protection in the application of the 81 patents are all invention patents, and all were applied after 2008, digital video in the application of the 36 patents of 26 are applied after 2008; Beijing Yantai Longyuan Power technology is applying for 29 patents , of which 27 items were invented and 17 were applied after 2008 years; Beijing bi-water source is applying for a patent of 23, of which 17 are invention patents, the application time is after 2008; Hangzhou Zhongrui technology is applying for 16 patents, and in 2009, there are more than 13 patent applications.  Beijing when the material technology is applying for the 4 patents, although all are invention patents, but all in 2009 applications, Beijing, China, the data technology is applying for 4 inventions patents are applied in 2008. "Many enterprises are to go public to apply for a patent, is largely because of the vicious competition, sponsors encourage companies to apply for patents, but many are false patents, in the law is ineffective," Song Yixin, a prominent Shanghai rights lawyer told reporters. Wu Guoping, a private equity manager, also said that "the sudden application of patents reflects the fact that many companies are listed for listing because they have to meet the high technology requirements." Because there is no high-tech companies can only be in the patent on the fuss. [Page] 11 patents have been invalidated, "must be disclosed in the first time" financial weekly reporter survey of the 14 gem companies, the disclosure has been authorized a total of 244 patents. But reporters in the State Intellectual Property Office Web site found that 11 of them have expired. The reasons for failure are: the transfer of patent right, after the publication of the Invention patent application as withdrawn, unpaid annual fee patent termination. Journalists are advised that the so-called patent transfer, refers to the change in the ownership of the patent, the original patentee no longer owns the title of the patent; the so-called withdrawal after the publication of the application means that the applicant has not submitted a substantive review request to the patent office after the patent application is disclosed, and the patent is subsequently withdrawn and invalidated;  Refers to the patent after the authorization, annual pay annual fee, if not surrendered on time, the patent is terminated and expired. Beijing bi-water source, Beijing three Poly Environmental protection belongs to the patent transfer representative. Beijing bi-source will invent patents--Negative pressure pulse cleaning method transferred to the subsidiary of Jiangsu Bi-Water Environmental Technology Co., Ltd. Beijing three environmental protection will be one of its invention patent-refining catalytic liquefied petroleum gas method, transfer to the subsidiary. "In fact, the parent company and its subsidiaries are two relatively independent subsidiaries, and the parent company does not have patent rights if the patent is transferred."  A lawyer for the credit union law firm said to a financial weekly reporter.  Beijing bi-source technology, Beijing Yantai Longyuan Technology also encountered "invention patent application after the announcement of the withdrawal." In this respect, Beijing Yantai Longyuan Technology Securities representative explained to reporters: "The reason is this patent (patent number 200710152332.1) has passed patent number 200720178273.0 of the patent, latter to the foregoing patent all the contents of effective protection.  "Beijing bi-water technology related people to" do not understand "as the basis of the refusal of the reporter's query.  and Suzhou permanent photoelectric patent event has been exposed by the media, the 4 of its own patents due to "unpaid annual fee" and was terminated.  "Whatever the cause of the patent failure, the company must be disclosed at the first time," Song Yixin told reporters. In the audit of all projects, "the patent is mainly the lawyer responsible for" with the media exposure of the gem company's patent problems increased, the SFC issued a regulatory department has recently issued a regulatory letter to the sponsor agencies, to the May 1 before the report of the project in full verification.  The verification includes other important matters relating to the disclosure of documents such as patents, trademarks, litigation and arbitration, related parties and prospectuses. The head of the investment banking Department, a project-prolific brokerage, told reporters that the regulatory layer was "still seeking advice" on the issue of the re-verification of patents, and that "the sponsor, as the first party, has a significant responsibility in the patent verification". It also said that as long as the establishment of a patent verification mechanism, as a sponsor body will strongly support. Wei Ansheng, deputy general manager of China Securities Investment Banking Department, said: "The sponsor will be the full review of the prospectus, but the patent this piece is mainly the responsibility of lawyers." "Song Yixin was interviewed and said:" The sponsor body to the objective content of the prospectus to deal with the full review of the responsibility, the most important patent review is the validity of the patent review "," the patent is being applied can be disclosed in the prospectus, but the legal status of the patent application must be made, such as open, substantive review of the effective, For investors to make legal risk hints. "Song Yixin also believes that the patent must pay attention to two major issues: whether the patent is effective, patent licensing is not a yearly fee." "In fact, the SFC is not perfect for the patent review of listed companies, I personally think that the SFC should be a separate disclosure of the intellectual property rights of listed companies, and the provision of future periodic reports such as annual report, semi-annual and quarterly bulletin, disclosure of the latest legal status of intellectual property." ”
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