China's LED industry has to face serious patent disputes due to the lack of core patent technology. In the future, how Chinese LED companies bypass patent barriers and avoid patent traps to win the market. It is necessary for industry, legal circles and governments to jointly build LED patent strategies, establish effective intellectual property early warning mechanisms, and create a good ecological environment for industrial development. This is a question that LED companies need to think about.
At present, many LED industry giants belong to Japanese and American companies. Under normal circumstances, the company will first apply for patents in the country, so the number of patent applications in the LED field in Japan and the United States is far ahead.
Looking back at China, the number of applications for LED patents in China has reached more than 26,000, of which nearly 50% are in the midstream and downstream packaging and application. However, most of these patents are not original, most of them are based on the original patents of international LED giants, and some repairs are made, and the patent gold content is also greatly reduced.
If it is really a patent lawsuit with the international LED giant, nearly 70% of domestic enterprise LED invention patents may be invalid. According to the domestic LED company annual report or prospectus data, Ruifeng Optoelectronics, Hongli Optoelectronics, Lehman Optoelectronics, Ganzhao Optoelectronics, Sanan Optoelectronics and Dehao Runda have a total of 707 LED patents, and the invention patents only There are 77 pieces. Dehao Runda, which owns 44 invention patents, mainly originated from the acquisition of EPIVALLEY in South Korea.
At present, most of the LED technology patents are controlled by Japanese, Korean and some large European and American manufacturers, such as Cree, Philips, Osram, Nichia and Toyota. Because domestic LED companies have little understanding of patent technology, they are often litigated by some big international companies. Their days are not good. In the face of fierce competition in domestic LEDs, they also have to face international technology patents. dispute.
Today, the main core strengths of the LED industry are distributed in Asia, the United States and Europe, and the LED industries in these three regions have their own characteristics. The main representative companies are Cree, Lumileds, Japan, Japan, and Toyota. Osram in Germany and Philips in the Netherlands.
In general, the above-mentioned companies occupy a dominant position in the upstream of LEDs, controlling the overall trend of the market.
Since the core technologies of LED lighting are under the control of major manufacturers such as Nichia and Cree, and through the cross-licensing of technology patents, the entire market is controlled by them, such as Toyota Synthetic Past and CREE, Lumiled, Nichia, Osram, etc. The big manufacturers have cooperated. Last year, they also carried out cross-licensing of LED technology with Taiwan Jingdian. Both parties, including subsidiaries, can use each other's technology patents for the three-five semiconductor light-emitting diodes, including blue InGaN (Indium Gallium Nitride). LED technology with quaternary AlGaInP (aluminum gallium phosphide) LED. Osram and Taiwan's Lite-On Technology have licensed the patented technology. Osram authorized Lite-On to produce and sell surface mountable LEDs (SMT LEDs) and white LEDs using conversion technology. Osram holds patents on these technologies, and its typical applications include backlighting of mobile phones and car radio displays. Lite-On Technology has provided Osram with a patent license for a special manufacturing process.
In the development of China's LED industry, many LED companies have patent disputes, but some Chinese LED companies are still completely ignorant of whether they are infringing. The biggest reason for this is that these LED companies still do not understand the rules of LED patent games, and lack of relevant Patented technical talent. If Chinese LED companies don't have the concept of technology patents in their minds and do not take corresponding measures against such malpractices, then they can only be prosecuted unscrupulously by foreign manufacturers.
Will the patent determine the survival of the company?
In the face of an emerging industry, patent warfare is almost inevitable. At the beginning of entering the industry, only those companies that look at Zhuoda, they will be placed in the core and basic technology of this industry, investing a lot of research and development to lay out patents so that they will be proactive in a long period of development. s position. For the LED industry chain, the technology in the middle and upper reaches is the most basic and therefore of great value. China's LED industry started late, and the mid-upstream technology patents were almost monopolized. If you can't invest in R&D in basic technology and find a new technology path to find a breakthrough point, then it must be at a disadvantage in the international patent war.
——Senior Intellectual Property Lawyer Hu Yitai
Many international giants treat Chinese LED companies as a "pig-raising" mentality. When the production of domestic enterprises is scaled, they will not hesitate to raise the "big stick" of intellectual property litigation. With the rapid development of the domestic LED lighting industry, infringement lawsuits are getting closer and closer to us. Although it seems that reconciliation is the final result of most litigation, the reconciliation must be in the hands of the prosecution. If there are not a few patents, reconciliation is very difficult.
—— Liang Bingwen, Research Fellow, Suzhou Institute of Nanotechnology and Nano Simulation, Chinese Academy of Sciences
For China's new enterprises, they cannot be solved independently. No matter how large a company's scale is, there are hundreds or even thousands of patents. This kind of risk exists. Therefore, to avoid risks, the first is not to be easy. Blindly entering foreign markets, if it is better to have some channels to get some authorization, or to do some "patent pool" work, it will form a new protection, so that you can enter the foreign market. But for some companies, whether it is upstream or downstream, the severity of the problem, the pressure is the same.
——Yan Chunhui, President of Yaweilang Optoelectronics (China) Co., Ltd.
There have been frequent incidents of patent litigation in the industry. This issue has been discussed for many years. It is concluded that for technology, the R&D and development should cost money.
——Wang Huaibing, General Manager of Suzhou Xinnajing Photoelectric Co., Ltd.
What are the positive challenges for the patent dilemma?
We have an expert technical team from the world's leading industry companies, with strong independent research and development and innovation capabilities, such as our full research and development to create the next generation of large-size sapphire growth technology and processing technology. With a core technological advantage, there is a way out. On the one hand, it guarantees the world's leading size and quality of sapphire crystals; on the other hand, it is fully internationally aligned with the system and intellectual property strategy to avoid patent disputes.
——Zhu Yong, Chairman of Guizhou Haotian Optoelectronics Technology Co., Ltd.
Jingdian will dispatch support engineers in the mainland. If customers have any problems during use, they can contact Jingyuan Baochen Optoelectronics (Shenzhen) Co., Ltd., the only official sales channel of Jingdian, for assistance. Even Taiwanese engineers can also Go to the mainland to assist. If customers need forward-looking and future-oriented LED applications, Jingdian Taiwan R&D engineers will work with customers in China to design, develop and solve problems together.
- Dr. Xie Mingxun, Deputy General Manager of Jingyuan Optoelectronics Co., Ltd.
We have successfully applied for multiple patents in Europe, America and China. With China's eagerness for high technology and the improvement of intellectual property rights, we believe that we and our high-tech companies like us can get better legal protection. In addition, we are also actively signing a memorandum of cooperation with large and medium-sized domestic companies that have sincere cooperation to jointly protect technological advantages and use this as a basis to seek common development. I believe this is a way to achieve the three-win development of the Zeon Optoelectronics, domestic enterprises and China's optoelectronics industry.
—— Vice President Zhang Wei of UK Seren Optoelectronics Co., Ltd.
The LED industry is an emerging high-tech industry. As far as global technology is concerned, no one company has fully reached the mature and top-notch technology level.
From the perspective of LED global patent technology structure layout, 40% of patent applications are concentrated in packaging, followed by applications (26%) and extension (17%), and the patents for substrate and white light are the least. Although multinational companies started patent distribution earlier, they are more aware of the basic patents of LEDs, not core patents, and many patents are about to expire. This can be ended by reconciliation or signing patent cross-licensing from international LED patent litigation. Verified.
Since its establishment, the company has attached great importance to patent protection. It has applied for a series of invention patents in the fields of substrate, epitaxy, chip preparation technology, etc. We believe that our continuous innovation and research and development can win the position of the company participating in the global LED industry division of the market competition.
——Dong Zhijiang, General Manager of Wuhan Diyuan Optoelectronics Technology Co., Ltd.
Jingneng Optoelectronics is a global leader in the development and manufacture of silicon-based LED products. It has successfully realized the mass production of low-power and high-power silicon-based LEDs. The products have unique advantages in lighting applications and have been patented. (Crystal Optoelectronics) has applied for more than 200 patents. The patents have been deployed in major countries and regions such as China, the United States, the European Union, Japan, South Korea, etc., covering a wide range of technologies such as epitaxy, chip and packaging of silicon-based LEDs. . Since we are products with independent intellectual property rights, there is no problem in terms of exports.
——Zhang Shaohua, Marketing Director of Jingneng Optoelectronics (Jiangxi) Co., Ltd.
First, raise awareness and increase investment. Enterprises should take the awareness of intellectual property rights and gradually accumulate from the initial growth and invest their due expenses in intellectual property.
Secondly, external intellectual property rights can be appropriately introduced, and some technical patents can be purchased, and even multiple companies can jointly fund the licenses. Thirdly, according to the characteristics and advantages of the enterprise, select a certain technical link of the industrial chain to carry out patent layout and strive for the bargaining chip.
Finally, we must pay attention to trade secret disputes. At present, the technical personnel of many LED enterprises in mainland China are all dug up from Taiwan in China. Whether the relevant teams will lead to technical infringement and disputes needs to be paid enough attention by enterprises.
——You Tao, Deputy Director of Intellectual Property Department, Software and Integrated Circuit Promotion Center, Ministry of Industry and Information Technology, China
Some people in the industry have predicted that in the current situation that the core technology of lighting is mainly in European countries, in the next two to three years, it is very likely that foreign giants will collectively sue the incident of patent infringement of local small and medium-sized lighting enterprises. At the same time as the government is leading the way, the company itself should raise its awareness of self-protection, and it is even more important to "carry the group".
If there is only reasonable thinking, but there is no effective response plan, it will have a major contusion on the development of LED companies. If LED companies have a more basic understanding of the causes, processes and outcomes of patent disputes, their future will see light.
At present, many LED industry giants belong to Japanese and American companies. Under normal circumstances, the company will first apply for patents in the country, so the number of patent applications in the LED field in Japan and the United States is far ahead.
Looking back at China, the number of applications for LED patents in China has reached more than 26,000, of which nearly 50% are in the midstream and downstream packaging and application. However, most of these patents are not original, most of them are based on the original patents of international LED giants, and some repairs are made, and the patent gold content is also greatly reduced.
If it is really a patent lawsuit with the international LED giant, nearly 70% of domestic enterprise LED invention patents may be invalid. According to the domestic LED company annual report or prospectus data, Ruifeng Optoelectronics, Hongli Optoelectronics, Lehman Optoelectronics, Ganzhao Optoelectronics, Sanan Optoelectronics and Dehao Runda have a total of 707 LED patents, and the invention patents only There are 77 pieces. Dehao Runda, which owns 44 invention patents, mainly originated from the acquisition of EPIVALLEY in South Korea.
At present, most of the LED technology patents are controlled by Japanese, Korean and some large European and American manufacturers, such as Cree, Philips, Osram, Nichia and Toyota. Because domestic LED companies have little understanding of patent technology, they are often litigated by some big international companies. Their days are not good. In the face of fierce competition in domestic LEDs, they also have to face international technology patents. dispute.
Today, the main core strengths of the LED industry are distributed in Asia, the United States and Europe, and the LED industries in these three regions have their own characteristics. The main representative companies are Cree, Lumileds, Japan, Japan, and Toyota. Osram in Germany and Philips in the Netherlands.
In general, the above-mentioned companies occupy a dominant position in the upstream of LEDs, controlling the overall trend of the market.
Since the core technologies of LED lighting are under the control of major manufacturers such as Nichia and Cree, and through the cross-licensing of technology patents, the entire market is controlled by them, such as Toyota Synthetic Past and CREE, Lumiled, Nichia, Osram, etc. The big manufacturers have cooperated. Last year, they also carried out cross-licensing of LED technology with Taiwan Jingdian. Both parties, including subsidiaries, can use each other's technology patents for the three-five semiconductor light-emitting diodes, including blue InGaN (Indium Gallium Nitride). LED technology with quaternary AlGaInP (aluminum gallium phosphide) LED. Osram and Taiwan's Lite-On Technology have licensed the patented technology. Osram authorized Lite-On to produce and sell surface mountable LEDs (SMT LEDs) and white LEDs using conversion technology. Osram holds patents on these technologies, and its typical applications include backlighting of mobile phones and car radio displays. Lite-On Technology has provided Osram with a patent license for a special manufacturing process.
In the development of China's LED industry, many LED companies have patent disputes, but some Chinese LED companies are still completely ignorant of whether they are infringing. The biggest reason for this is that these LED companies still do not understand the rules of LED patent games, and lack of relevant Patented technical talent. If Chinese LED companies don't have the concept of technology patents in their minds and do not take corresponding measures against such malpractices, then they can only be prosecuted unscrupulously by foreign manufacturers.
Will the patent determine the survival of the company?
In the face of an emerging industry, patent warfare is almost inevitable. At the beginning of entering the industry, only those companies that look at Zhuoda, they will be placed in the core and basic technology of this industry, investing a lot of research and development to lay out patents so that they will be proactive in a long period of development. s position. For the LED industry chain, the technology in the middle and upper reaches is the most basic and therefore of great value. China's LED industry started late, and the mid-upstream technology patents were almost monopolized. If you can't invest in R&D in basic technology and find a new technology path to find a breakthrough point, then it must be at a disadvantage in the international patent war.
——Senior Intellectual Property Lawyer Hu Yitai
Many international giants treat Chinese LED companies as a "pig-raising" mentality. When the production of domestic enterprises is scaled, they will not hesitate to raise the "big stick" of intellectual property litigation. With the rapid development of the domestic LED lighting industry, infringement lawsuits are getting closer and closer to us. Although it seems that reconciliation is the final result of most litigation, the reconciliation must be in the hands of the prosecution. If there are not a few patents, reconciliation is very difficult.
—— Liang Bingwen, Research Fellow, Suzhou Institute of Nanotechnology and Nano Simulation, Chinese Academy of Sciences
For China's new enterprises, they cannot be solved independently. No matter how large a company's scale is, there are hundreds or even thousands of patents. This kind of risk exists. Therefore, to avoid risks, the first is not to be easy. Blindly entering foreign markets, if it is better to have some channels to get some authorization, or to do some "patent pool" work, it will form a new protection, so that you can enter the foreign market. But for some companies, whether it is upstream or downstream, the severity of the problem, the pressure is the same.
——Yan Chunhui, President of Yaweilang Optoelectronics (China) Co., Ltd.
There have been frequent incidents of patent litigation in the industry. This issue has been discussed for many years. It is concluded that for technology, the R&D and development should cost money.
——Wang Huaibing, General Manager of Suzhou Xinnajing Photoelectric Co., Ltd.
What are the positive challenges for the patent dilemma?
We have an expert technical team from the world's leading industry companies, with strong independent research and development and innovation capabilities, such as our full research and development to create the next generation of large-size sapphire growth technology and processing technology. With a core technological advantage, there is a way out. On the one hand, it guarantees the world's leading size and quality of sapphire crystals; on the other hand, it is fully internationally aligned with the system and intellectual property strategy to avoid patent disputes.
——Zhu Yong, Chairman of Guizhou Haotian Optoelectronics Technology Co., Ltd.
Jingdian will dispatch support engineers in the mainland. If customers have any problems during use, they can contact Jingyuan Baochen Optoelectronics (Shenzhen) Co., Ltd., the only official sales channel of Jingdian, for assistance. Even Taiwanese engineers can also Go to the mainland to assist. If customers need forward-looking and future-oriented LED applications, Jingdian Taiwan R&D engineers will work with customers in China to design, develop and solve problems together.
- Dr. Xie Mingxun, Deputy General Manager of Jingyuan Optoelectronics Co., Ltd.
We have successfully applied for multiple patents in Europe, America and China. With China's eagerness for high technology and the improvement of intellectual property rights, we believe that we and our high-tech companies like us can get better legal protection. In addition, we are also actively signing a memorandum of cooperation with large and medium-sized domestic companies that have sincere cooperation to jointly protect technological advantages and use this as a basis to seek common development. I believe this is a way to achieve the three-win development of the Zeon Optoelectronics, domestic enterprises and China's optoelectronics industry.
—— Vice President Zhang Wei of UK Seren Optoelectronics Co., Ltd.
The LED industry is an emerging high-tech industry. As far as global technology is concerned, no one company has fully reached the mature and top-notch technology level.
From the perspective of LED global patent technology structure layout, 40% of patent applications are concentrated in packaging, followed by applications (26%) and extension (17%), and the patents for substrate and white light are the least. Although multinational companies started patent distribution earlier, they are more aware of the basic patents of LEDs, not core patents, and many patents are about to expire. This can be ended by reconciliation or signing patent cross-licensing from international LED patent litigation. Verified.
Since its establishment, the company has attached great importance to patent protection. It has applied for a series of invention patents in the fields of substrate, epitaxy, chip preparation technology, etc. We believe that our continuous innovation and research and development can win the position of the company participating in the global LED industry division of the market competition.
——Dong Zhijiang, General Manager of Wuhan Diyuan Optoelectronics Technology Co., Ltd.
Jingneng Optoelectronics is a global leader in the development and manufacture of silicon-based LED products. It has successfully realized the mass production of low-power and high-power silicon-based LEDs. The products have unique advantages in lighting applications and have been patented. (Crystal Optoelectronics) has applied for more than 200 patents. The patents have been deployed in major countries and regions such as China, the United States, the European Union, Japan, South Korea, etc., covering a wide range of technologies such as epitaxy, chip and packaging of silicon-based LEDs. . Since we are products with independent intellectual property rights, there is no problem in terms of exports.
——Zhang Shaohua, Marketing Director of Jingneng Optoelectronics (Jiangxi) Co., Ltd.
First, raise awareness and increase investment. Enterprises should take the awareness of intellectual property rights and gradually accumulate from the initial growth and invest their due expenses in intellectual property.
Secondly, external intellectual property rights can be appropriately introduced, and some technical patents can be purchased, and even multiple companies can jointly fund the licenses. Thirdly, according to the characteristics and advantages of the enterprise, select a certain technical link of the industrial chain to carry out patent layout and strive for the bargaining chip.
Finally, we must pay attention to trade secret disputes. At present, the technical personnel of many LED enterprises in mainland China are all dug up from Taiwan in China. Whether the relevant teams will lead to technical infringement and disputes needs to be paid enough attention by enterprises.
——You Tao, Deputy Director of Intellectual Property Department, Software and Integrated Circuit Promotion Center, Ministry of Industry and Information Technology, China
Some people in the industry have predicted that in the current situation that the core technology of lighting is mainly in European countries, in the next two to three years, it is very likely that foreign giants will collectively sue the incident of patent infringement of local small and medium-sized lighting enterprises. At the same time as the government is leading the way, the company itself should raise its awareness of self-protection, and it is even more important to "carry the group".
If there is only reasonable thinking, but there is no effective response plan, it will have a major contusion on the development of LED companies. If LED companies have a more basic understanding of the causes, processes and outcomes of patent disputes, their future will see light.
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