Currently, intellectual property strategy has become a hot topic. As a sub-strategy of intellectual property rights, patent strategy has become a powerful shield and sharp edge for using laws to protect the market, "enclose the territory", monopolize the existing market, seize potential markets, and maximize profits. Novelty is the primary substantive condition for granting patent rights, and its application value in intellectual property strategies is often overlooked. In the implementation of intellectual property strategy, attention should be paid to the application of patent novelty.
The use of novelty in patent litigation
In patent litigation, patent invalidation is the most commonly used measure to combat accusations of patent infringement. When a product produced is accused of infringement, a judgment can be made on whether the patent has novelty. If the novelty is lost, a "patent invalidation request" can be filed with the China Intellectual Property Office on the grounds that "the patented technology has no novelty." However, in litigation, the key is to grasp the evidence of patent invalidation, especially the evidence of loss of patent novelty.
In 2006, the case of the multinational giant Sony suing the well-known domestic company Bidi for battery patent infringement ended with the Japanese Patent Office declaring the Sony patent invalid. It brings us great inspiration. During the entire evidence collection and investigation process, Bidi first discussed the text of Sony's patent announcement with industry experts and studied the structure and technical characteristics of Sony's patented products. Industry experts believe that Sony's invention patent should be a public technology. The patented product has been widely used in the 1990s and lacks the novelty of the patent. In order to obtain strong evidence, Bidi conducted an extensive patent document search and found comparable documents that were sufficient to declare Sony's invention patent invalid. At the same time, Bi*Di actively searched for products that were the same or similar to the patented product. Finally, among the invoices issued by a Hong Kong company for tens of millions of products sold by an agent, he found an invoice with a sales date before the filing date of Sony's patent application. invoices for the sale of products that are identical or similar to the patented product, thus providing the basis for final collectionThe victory of obtaining an invalid declaration laid the foundation.
Use of patent novelty in scientific and technological innovation
Using intellectual property strategy and implementing patent secondary development is one of the shortcuts to technological innovation. If one or more features of the improved technology are different from or equivalent to the technical features in the independent claim of the patent, it will not constitute infringement. A large number of improved inventions and creations are completed on the basis of existing technologies, are novel, and do not infringe on the patent rights of others. Research other people's patents, find flaws, make improvements, and then file a patent application.
This is a patent strategy often used by Japanese companies, and it is also an important measure for Japan to achieve a technological nation. For example, **Union Carbide Company invented the industrial production method of carbon fiber in 1959, and **Donglai Company introduced this basic patented technology in 1970, and embarked on various research and development from basic materials to long fibers, and achieved With a series of patent rights ranging from application technology to improving the quality of carbon fiber, its product market share has also caught up from behind and ranked first in the world.
In summary, the editor has compiled the relevant values of the application of patent novelty. If you have more legal claims and questions about patents, welcome to the Legal Savior Network Seek help from a professional attorney.
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