LED patent ecological environment urgently needs purification situation is not optimistic

With the strong support of the state's policy of encouraging patent applications, the intellectual property rights of China's LED industry have greatly improved in recent years, which is reflected in the sharp increase in the number of patent applications and the improvement in patent quality. However, due to China's late start, and Europe, America, Japan and other countries in the LED industry chain patent layout began as early as the 1980s S, moreover, the patent layout of GaN-based LED epitaxy and chip grown on Sapphire and SiC substrates has been basically completed, so the overall situation is not optimistic. The main problems we face are: 1. The ecological environment of intellectual property rights is harsh, which is mainly manifested in the low cost of infringement and plagiarism. Therefore, companies that have invested heavily in technological innovation and have done better have not received benefits and benefits. Attaching importance to innovation and intellectual property rights has only become a saying to some extent. The infringing company is very moist, plagiarism is called a cottage, and there is a big market. This ecological environment is difficult to make the technology innovation seedlings thrive. 2. The market promotion of LED lighting is being carried out in an all-round way. Companies that invested in the early stage, especially those like Japan, Cree and Philips, are already gearing up. They not only want to gain benefits in products and markets, they are also prepared to obtain benefits and returns from the patent network they have already deployed. From more than 100 international lawsuits in recent years and the promotion of Philips's LED lighting license project, we can see the clue of their long-term deliberate preparation and planning. The licensing project of LED lighting lamps promoted by Philips since 2008 is progressing smoothly. It is reported that more than 230 enterprises have signed licensing agreements with Philips, these companies will extract 3 ~ from their sales of LED lamps ~ 5 to Philips. This kind of harvest is still good, and their income will be very considerable in the long run. Moreover, Philips is likely to be a courtesy before a soldier. If many companies pay license fees after a period of time, they may take legal measures to make them submit to those companies that do not pay license fees. We can only wait and see if this prediction is accurate. 3. Some people may ask: for so many years, infringement lawsuits related to LED patents rarely occur in China. Will they really happen in the future? Is it alarmist? It should be noted that LED infringement litigation does not occur many times in China. I think this is caused by several reasons: first, the situation in China is indeed special, the relevant market laws are not as standardized as those in developed countries, and the protection of intellectual property rights has not yet formed a certain climate; Second, domestic LED enterprises are relatively small and have no oil or water to squeeze. They can continue to cultivate for a period of time like raising pigs; Third, the products of these enterprises have not formed a great threat to international giants, and so on. However, when the time is ripe, the infringement lawsuit will come to the door. Patent litigation is like a sharp sword hanging on the heads of Chinese LED enterprises, which may fall to the head at any time. This is a terrible and sad reality. How to solve these problems, where is the way out for China's LED patent problem? The author believes that the above-mentioned problem is not the current problem, but 5 ~ The problem 10 years ago. Because our previous work was not done well and we did not attach importance to technological innovation and patent protection, the passive and embarrassing situation we are currently facing has emerged. If you don't work hard on the patent today, another 5 ~ In 10 years, we will still encounter the same problem. Therefore, we must start from now and pay attention to patent protection in action. The state needs to formulate good policies to make it profitable for enterprises that invest in technological innovation, and at the same time to let enterprises that rely on plagiarism and infringement for non-independent innovation. Only in this way can we build a healthy and healthy environment, and the industry will have a healthy ecological environment. In addition, it is necessary to promote and encourage the licensing and authorization of patents, and gradually shift from encouraging and supporting patent applications to encouraging the implementation and licensing of patents. Thoroughly analyze and study the core original patents at home and abroad, and come up with an evasive plan. For patents that cannot be bypassed, take the initiative to obtain authorization. Only in this way can the LED lighting industry develop healthily and orderly.