Patent war is in the ascendant

Summary: Apple and Samsung's century patent war did not stop the slightest sign, China's peers on the sky-high amount of money claimed, and more surprised by the overseas it giants around the mobile Internet competition, the use of patent warfare is so skillful: win and lose between the company's lifeblood,

Apple and Samsung's century patent war is not the slightest sign of cessation, China's peers on the sky-high amount of compensation, and more surprised by the overseas it giants around the mobile Internet competition, the use of patent warfare is so skillful: win and lose between the Enterprise lifeline, but also stirred the industry pattern. This is perhaps one of the biggest issues facing China Mobile internet companies in the coming years.

Patent war is in the ascendant

Whether it is Nortel's 6,000-many patent portfolio involving LTE at a staggering price of 4.5 billion dollars by Apple, Microsoft, Ericsson and other six companies to buy, or Google to fight back, one after another to buy IBM's large number of related patents, and then acquire the old mobile phone manufacturers Motorola Mobile (9.5 billion dollars to buy patents), Or a series of patent lawsuits involving tablets between Apple and Samsung, Microsoft and Motorola Mobile, a series of patent lawsuits between Nokia and Apple, HTC, and Oracle and Google, have consistently revealed a signal that patents will become a market for mobile internet companies, A powerful weapon to curb competitors and protect their own development.

Statistics show that China Mobile internet market size will reach 100 billion yuan this year. Authorities are predicting a staggering 500 billion trillion dollars in global mobile Internet value by 2015. An indisputable fact is that the mobile internet market has become the hottest big cake in the global industrial process at present. Not only the traditional mobile phone manufacturers, such as Nokia, Apple, Samsung, HTC and other eager to increase investment, even Google, Microsoft and the domestic Huawei, ZTE, even Baidu, Tencent, internet companies have also been testing water.

With many companies involved in the mobile Internet field, the competition for this market has gradually entered a white-hot state. In addition to technology, marketing and product experience and other aspects of all-round competition, patent war is a sharp weapon, become a more important way of competition.

Domestic war is imminent.

Chinese companies Huawei and ZTE have encountered and launched a patent war abroad, with the rapid development of China Mobile Internet enterprises, the Chinese patent legislation and the continuous improvement of the judicial system, the patent battlefield to the domestic imminent.

Beijing State Xinyang Patent Trademark Agency Co., Ltd. Senior partner Wang Zhaolin pointed out that although the domestic mobile Internet domain patent litigation is not yet, but the mobile internet has become a high-risk industry, patent mines are everywhere, the industry has a million-meter patent. "At present, the domestic patent war in the field of medicine to play a lot of patents are not large, but each patent covers a very large market share." Mobile Internet is quite the opposite, but there are not many lawsuits yet, which does not mean there will be no such lawsuits in the future. ”

Wang Zhaolin further pointed out that Huawei and ZTE in foreign patent lawsuits between each other, they in addition to the face of foreign patent lawsuits, and the lawsuit between each other, on the one hand shows that our enterprises go out of a very good situation, on the other hand also shows that the field is really very competitive. "It is also a good way for Chinese companies to have a better understanding of China's patent system by making lawsuits abroad," he said. ”

According to the state of Xinyang's statistics, Huawei and ZTE's patent applications are very large, the early investment of these enterprises mainly involved in hardware, in recent years, in software to strengthen the input, including Tencent and other Internet companies also began to attach importance to the patent business, at least the patent up to the enterprise strategic level.

Chinese companies are already paying attention

Faced with the possibility of an outbreak of domestic mobile Internet patent war, the Supreme People's Court of Intellectual property Court senior Judge Rocha said: "Chinese enterprises need to deal with the patent issue in advance, in which the quality of patents determines the outcome of the case." Only when you are strong can you resist patent risk. ”

Wayne H. Bradley, a leading U.S. patent litigation lawyer, said to Chinese companies: "While companies cannot at first decide what is truly a high quality patent, it is important that quality trumps quantity, which is critical to the future litigation of the enterprise." ”

Yan, intellectual property director of IBM (China) Limited, said: "At present some patent weeding, if the war is extended to China, those low quality patent litigation will cause unnecessary waste of resources to the parties is worth thinking." She stressed: "IBM does not dare to say that all patents are of high quality, but our system determines that our patent applications are targeted, are produced under high standards." ”

Yang Chihu, a senior advisor to the law department of Tencent (Beijing), said: "The mobile internet industry has been the smoke of the world, now may be the calm before the storm, we do the patent reserve on the future of the patent competition will be very strong support." He revealed that Tencent currently has a special department responsible for patent applications, as of October this year, Tencent applied for more than 6,000 patents, authorized more than 1000, the number of patents in the global Internet companies ranked third.

Even foundry companies such as Foxconn are now accumulating a lot of patents.

Wang Zhaolin that the future in China, Tencent, Baidu and other internet giant patents are likely to sell to tens of billions of dollars. "International rules and foreign experience have a great impact on China Mobile internet giants, and China Mobile internet companies are harmless to prepare for the rainy day." ”

Mobile Internet's patent warfare once it has burned into the country, how should Chinese companies respond? To the problem, Wang Zhaolin said, mobile internet companies should form a patent pool with their own characteristics. The quality of patent applications must stand the test and be forward-looking and confrontational.

Expert ideas

Four steps to deal with the patent war

Deep digging, wide grain accumulation

Wang Zhaolin told reporters that many enterprises have accumulated a lot of patents, these patents are not only directly to do research and development, but also may be done sales, and even make products, channels.

The patent director of Mobile Internet Enterprise should advise management to make long-term strategic plan as soon as possible, and improve internal management system, especially to establish internal management system. Without such a system, companies will not be able to confront others, let alone the development of their own and their departments.

Early analysis, MO luck

Wang Zhaolin pointed out that enterprises must have a system of patent search and analysis planning, first analysis, understand the competitors and the industry now to what stage, determine their own technology development direction and technology research and development, including patent reserves.

If there is no such reserve, can only catch one is one, now have a product, an idea, to apply, tomorrow have an idea to apply;

Encounter problems, MO flustered

Wang Zhaolin that the mobile Internet domain patent litigation liquidity is relatively large, other companies may have access to patent litigation, but must not be afraid.

He further explained that the patent itself is a piece of paper, all imperialism is paper tiger, encounter problems do not be afraid, since it is written on the paper on the loopholes, patent document analysis must be in the strategic contempt of it, tactical attention to it, in-depth and meticulous analysis.

The right to negotiate

In general, when the dispute, the case. Wang Zhaolin that to understand the commercial purposes of the prosecution, weigh the other party's position in the market, and then talk about legal issues, so as to better grasp the situation and deal with patent disputes.