Discussion on patent from high-tech enterprises

Ma Shu, Under-Secretary-General of China Intellectual Property Research Institute, "The identification of High-tech Enterprises" (hereinafter referred to as "cognizance"), because "determined" success can make the enterprise income tax rate from 25% to 10%, stimulating the enterprise's patent enthusiasm. And when the patent agent asked why not to apply for the patent application point in the factory earlier?　　Some manufacturers answer is: Worried about the public after the imitation of competitors. In such a factory view, patent application is tantamount to openly let the opponent imitation-patent protection is a major factor, which is associated with the enterprise technological innovation of an extreme, that is, do not engage in technical transformation and death, to make technical transformation to find death. It is a general rule to die rather than die.　　Technical transformation is the denominator of the patent, patent is technical modification of the molecule, if the logic of this extension, it is to apply for a patent death, not to apply for a patent death.　　In the context of the protection of intellectual property rights, whether it is the enterprise's own rights or outsourcing commissioned professional team rights, all have to pay a considerable amount of manpower and financial resources, to divert and increase the cost and energy of enterprises, this is not the company is not willing to engage in technological innovation, and affect the application of patents Whether to apply for a patent is the awareness of the enterprise, whether the use of patents is the ability of enterprises.　　This is the intellectual property protection standard environment phenomenon; and in our country to the standard environment transition to perfect the development stage there are some phenomena, such as patent death, do not apply for a patent death, or to engage in technological innovation and do not apply for a patent "do not say", belong to the enterprise self-protection measures. Even in a standard environment there are similar problems, and IBM's patent application for superconductivity is a classic.　　In the past century, IBM has won the 1987 Nobel Prize in Physics for its outstanding achievements in HTS, and almost all of the world's superconducting experts expect IBM to patent applications for superconducting materials in order to obtain IBM's secrets in HTS research. IBM was in a dilemma. Given that IBM has invested a lot in HTS research, it is natural to want to keep this secret for long. But the patent can be protected by law, but the content of the invention must be disclosed to the public, which provides valuable information to the opponents.　　Therefore, the rush to apply for a patent is not necessarily in favor of IBM, but the world's superconducting research is a very hot topic, once someone to the first IBM patent application, and will use the patent to leave IBM aside. IBM also experienced similar situations in 1980.　　At that time he developed a new type of semiconductor device, in order to avoid peer attention, the company in German patent application in Europe, the result, in German patent application documents were found two years later.　　Different national patent laws have different provisions, the United States to approve patents, until the grant of patent, the content of the patent application is in a confidential state, and in other European countries, the 18 months after the application, regardless of whether the future grant of patents, to the community to open the content of the application. For applications for superconducting patents, consider IBM may have "the same tricks".　　So the experts were looking at the patent office in countries other than the United States, where IBM had been holding on, and apparently he was painstakingly choosing the best time to apply for a HTS patent. As we all know, most of the world's political, economic and technological reports are in English. By contrast, German has become a small language, often overlooked. This is no exception for companies and patent agents, so IBM has a 1980 success.　　However, because of the strong sensitivity of superconductivity, in any language published in the Superconducting research materials will be eye-catching, IBM "dream Review" The difficulty is this ... However, this reflects the know-how of IBM's patent application, and the development of modern patent system, I believe there are other loopholes in the legal provisions. This example is invoked to provide a reference. As long as business operators devote themselves to research and painstaking work, it is possible to make competitors "repeat".