LED patent PK battle: Europe and the United States bold, conservative Taiwan

Global LED lighting demand is about to take off, the patent war is a battleground. But the patent application has a knack for international companies, CREE (CREE) has argued that "as long as the light is my patent", like the cloth by contrast, Taiwan nets above and snares below; industry patent application is more conservative, easy to evade.

Technical deficit of $5 billion

Like all science and technology industries, the LED industry is more valuable than the patent, except for the cost, the technology and the yield. But according to the Taiwan area of Taiwan "ITRI data, foreign technology trade deficit in 3 years ago, up to $5 billion, TSMC general counsel Du Dongyou even predicted that after 5 years will reach $10 billion. The so-called "technical trade deficit" refers to the cost of intellectual property rights, patents, copyrights and other fees paid by Taiwan manufacturers to other countries and regions every year.

In fact, Taiwan is also a patent giant, according to the United States Patent and Trademark Office (USPTO) the latest data, in 2013 the number of patents reached 11598, ranking the world's only after the United States, Japan, Germany, korea. The other Hsinchu Science Park every year to invest large sums of R & D budget, the development of unique technology, why still everywhere in the patent war?

In the LED industry, packaging manufacturers and billion light Nichia patent wars, a dozen is 10 years; Wang Qi packaging factory this year is just TOYOTA reach a cross licensing, paid for the use of phosphor patent; the East Bay has for LED lighting is Nichia sue in the Japanese market.

Not as good as people who apply for conservative

Taiwan ITRI LED patent manager Yu Yuchen said that Taiwan "trade deficit" technology, the annual pay to other countries and regions many patent fees, and not our technology is better, but the patent application is too conservative, it is easy to be avoid.

For example, assume that Newton is sitting under the tree is apple hit, want to apply for a patent, if Taiwan factory, the patent description is too honest, for example on the apple tree how much fertilizer is applied, how much water, when Apple will ripen, down drag how much, because too many details, only a little modification to competitors it can be circumvented, your patent.

In contrast, the European and American manufacturers to apply for a patent, it is very bold, they will say: 'as long as the fall of apple, are my patents', and often convince patent review unit. "More than Yuchen said, the most classic case is the United States LED Cree Cree for a giant; the killer patent in 2006, the content is" any is inserted in the socket, containing at least one light emitting diode (LED) lighting device, as long as the light emitting efficiency of more than 60 lumens per Watt, is my patent". The vernacular is "as long as the luminous LED lamp, all are my patent. "

The factory may said it is emitting LED

Such a bold Patent Description, the United States Patent and Trademark Office, of course, can not be accepted to refute. At this time Cree and produce wonderful reply; one of the reasons for Cree defense is: "the patent is not just a device with what (structure or technology), and what it can do (There 's nothing intrinsically wrong with defining something with what it does rather than what it is in drafting patent claims). "Attached to similar cases in 1971 and 1977.

Because the United States is a country that implements the case law, it is very important to pay attention to the previous cases, and it has also approved the patent. Yu Yuchen said that the patent examiner just read the exam just into the unit, not necessarily understand the actual situation of the industry, once the patent approval, it is necessary to overthrow it has a high threshold.

Cree spent 7 years with the review unit to communicate in 2013 to obtain the patent. For the time of the 2006, the luminous efficiency of general LED plant is far lower than the 60 lumens per watt, few manufacturers care about the patent, but now on the market the most general specifications can reach 70-80 lumens per watt, in other words, all fall in the range of Cree patent. Yu Yuchen said, this case can give Taiwan factory two issues, one is to apply for a patent shall be bold, not too detailed description; two is the patent application not only from the technical side to start, to start from the understanding of American or European regulations, laws and regulations system.

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