Don't think that invalid patents are worthless.

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Release time:2016-08-16

Did you know that China's invalid patents have accounted for more than 1/2 of the total authorized amount, and are increasing every year. The global reserves of failed patented technologies have been about 40 million pieces, and the number will be further expanded.

Did you know that Apple Computer was created by its founder after consulting a patent for a defunct microcomputer technology at the U.S. Patent Office and using that technology to invest in cooperation with others. Then it became one of the influential high-tech enterprises in the United States.

Did you know that Japan has saved a 2/3 of time and nine-tenths of its research and development costs by introducing foreign patents and mastering foreign ready-made advanced technology by using invalid patents? Japan has established its own technology system on the basis of secondary development of invalid patents, achieving rapid technological progress and transforming from a patent importing country to a patent exporting country.

These examples all show that invalid patents have been valued in the patent wars of various countries. These invalid patents will make our innovation road smoother!

Three Value States of Invalidated Patents

1. It has been converted into productivity and can be directly used: the use value of patents that have lost their exclusive rights due to the expiration of the term is higher, because most national patents have a higher annual fee the longer the time, so if the patent cannot produce economic benefits covering the cost, the patentee is unprofitable and generally gives up these patents earlier, which is difficult to maintain until the expiration of the legal term.

2. It is difficult to transform at present, but it can produce great economic value through secondary development: such forward-looking patents may become easy to transform and implement through the improvement of relevant technologies or equipment updates, and such invalid patents cannot be easily let go.

Patents that are outdated: Patents in some developed countries have been abandoned as invalid patents due to backward technology. The level of this technology in the developed countries of the world is a few years behind the actual situation in China, and the patent that may become invalid is our applicable technology.

3. Technologies that have been declared invalid and become invalid patents may be objects for which no patent rights are granted under Article 25 of the Patent Law, namely, scientific discoveries, rules and methods of intellectual activity, methods of diagnosis and treatment of diseases, animal and plant varieties, and substances obtained by nuclear transformation methods. These technologies will directly enter the results library of human civilization and can therefore be used freely.

The other is a patent without gold content, which is of little value in the development and use of such patents. The use value of an invalidated patent can be accurately judged by reference to the grounds for invalidation.

According to the market situation, we can also screen some foreign patents with high technical content that have created or are creating economic value but have not applied to China. The reasonable use of such patents, which only have legal effect outside the territory, has little risk and great value.

Strategies for the Development and Utilization of Invalidated Patents

Be prepared to take advantage of expiring patented technologies

Did you know that there is no shortage of many drugs with significant efficacy and high market demand in patent expiring drugs, and companies with production capacity often begin to apply for approval to sell patented drug imitations before the expiration of the patent, and can be marketed immediately after the expiration of the patent.

First of all, it is necessary to understand the position of peer competitors and the pattern and development of the competitive market, collect information on patents that have expired and are about to expire, and analyze them in the light of the enterprise's technical situation, market demand and remaining market space, so as to prepare for development.

Make good use of invalid patents according to regional differences

Did you know that an equipment factory wants to invest 200000 yuan to buy a patented technology, technical personnel in the patent library search found that the patent has already expired, and then the factory only paid 50 yuan search fee to obtain all the information of the patent, according to the information to develop new products quickly to the market, access to a rich return.

Secondly, from the analysis of the causes of failure, some worthless patents are excluded. An invalidated patent that is invalidated by a conflict with prior rights can be waived directly to prevent infringement issues. It is free to produce and sell foreign invalid patents that have not been applied to our country, because the geographical nature of the patent makes it not protected by law in our country. Mature patents can directly produce products and generate economic benefits by following the technical content provided by invalid patent documents. Therefore, combined with the economic strength of enterprises, technical competition and business conditions and other factors to develop specific use of strategy for each enterprise is very important!

Secondary development of potential patent failure

Did you know that a Japanese building materials factory owner found that some foreign manufacturers in Japan to obtain the relevant materials patent validity is about to expire, on the basis of the original technology for secondary development, to be a patent validity period immediately after the large-scale manufacturing, sales of this added to their own new technology of building materials, has achieved great success.

It has become a common tool for developing countries to learn from the achievements of others on the road to success in order to achieve technological leapfrogging of their own products. Due to the accelerated development of new technologies, the shortening of product life, the increase in human and material investment in research and development, the cost of developing new technologies is rising, and the risk of research and development is increasing. As a result, developing countries are often constrained by their economic and technological level and are unable to carry out a large number of technological innovations. However, if we can use the technical literature of invalid patents, learn from and absorb useful technologies, develop ideas, and carry out re-development, we can save a lot of time, manpower and financial resources, and make a leap in technology.

Master the legal status of the other party's patent.

Did you know that a glass factory in Shanghai offered more than 2000 million pounds when negotiating a patented technology deal with a British company. After conducting an in-depth search and analysis of its patents and understanding the legal status of all patents, we found that 1/3 of the company's patented technology had expired, and only paid the British side 525000 pounds to close the deal.

Invalid patent is like the weakness of the other party in the process of patent transaction. If you don't know whether the technology you buy is being protected in the process of purchasing other people's technology, you will want to cry when you get it! When the patent protection period is about to expire and the former patentee's license is obtained, the patent implementation license fee may be reduced as much as possible. Mastering the legal status of each other's patents can also win the initiative in negotiations. Analyzing the substitutability of failed patents and existing patented technologies and the technology market value of existing patents is also an important means to reduce the cost of patent transfer and patent licensing trade.

Learn Patent Layout Strategy from Big Companies

Did you know that Philips Oil Company has applied for more than 300 peripheral technology patents from manufacturing, application to processing after obtaining several basic patents for a thermoplastic resin. Therefore, despite the expiration of the basic patent, a large number of peripheral patents that are still in the validity period also enable the basic patent to continue to be effectively protected, creating huge economic benefits for the company.

Large companies have always adopted a peripheral patent network strategy to extend the life of basic patents in order to protect core technologies from being breached, to maintain patents that generate economic benefits, and to relinquish patents that have lost their technological prospects or economic benefits in a timely manner. In the process of finding invalid patents, you can also learn patent layout strategies from large companies and plan patent maps to avoid stepping on minefields when using invalid patents and conducting secondary development. In addition, even if no suitable invalid patent is found, the investigation and analysis of large companies and competitors now own and are applying for patents and invalid patents, can more accurately grasp the future development trend of competitors, timely adjustment of the company's science and technology strategy, this should be unintentional!