A year ago, the National Graphene Research Institute of the University of Manchester published the first commercial application, but it was questioned by Congress because intellectual property might belong overseas. Soon, the institute set up a company dedicated to protecting its products from infringement.
A number of industry insiders have asserted that in the next three to five years, graphene patent litigation will occur as often as a war without smoke. This is mainly because many companies have a weak sense of international patent layout and do not know how to use this "tool" to protect themselves. So, how does the graphene industry develop a global patent layout to avoid future disputes?

The global graphene patent pattern is beginning to emerge
The graphene industry has experienced infancy before 2010 and is currently in the early stages of development and growth, which is a strategic opportunity period for global patent distribution.
According to the "2015 Graphene Technology Patent Analysis Report" (referred to as the "Report") recently released by the Institute of Materials Technology and Engineering of the Chinese Academy of Sciences, China is at the top of the original graphene technology country, and the number of patent acceptances is the world's leading, accounting for 46% of the total; South Korea, the United States, and Japan are close behind, but there is a large gap in the number of patent applications. Despite this, all three countries are actively engaged in global distribution, applying for the most patents overseas.
The layout of patents in various countries is mainly divided into two situations: First, the emphasis on local patent applications, but the layout of foreign patent technology is relatively weak. For example, although the number of patent applications in China is large, there are only a few patent applications in Japan, Korea, and the United States. The second is to focus on both local and overseas markets. For example, half of the patent applications in the United States come from overseas, including Japan and Korea. The United States has applied for a large number of patents in Japan and Korea, reaching 22% and 9.3% respectively.
Generally speaking, enterprise technology research and development is closer to the market, and the transformation from technology patents to market products will be faster; while the research and development of universities and research institutes mostly focus on cutting-edge exploration, and the market demand is relatively far. According to the "Report" statistics, among the top 35 organizations in the global number of patent applications, only one company in China is on the list, and the rest are universities and research institutes; while American and Korean companies account for a large number of institutions with a large number of patent applications. bigger. In addition, South Korea's Samsung has ranked first in the number of patent applications in the United States, while China's only Tsinghua University and Hon Hai Precision Industry Co., Ltd. have more patent applications in the United States.

Patent layout helps to enhance international competitiveness
"If a company is doing a graphene technology research, if you don't know beforehand that someone has published a related paper or applied for a related patent, you will be busy. This company has new products to sell overseas. If you don't get global certification, it will be limited in the international market. Therefore, if a country's patent layout is not done well, many enterprises will be blocked and passive. In the international arena, patent layout is a weapon to protect a country's industry." Dr. Zeng Weilin, technical director of Yingpeng Group, told the Science and Technology Daily reporter.
Speaking of the benefits of graphene international patent layout, Dr. Liu Zhaoping, a researcher at the Institute of Materials Technology and Engineering of the Chinese Academy of Sciences, said: "This will increase the international competitiveness of graphene companies and help them seize the technical commanding heights of related fields. Higher profits; on the other hand, competition for technical standards has become a new trend in today's market competition, and the international patent layout can provide a solid technical foundation for companies from all countries to participate in the development of international standards."
"Blacksmith need its own hardware". In view of the current low quality of patents in China and the low number of basic core patents, Yang Lincun, director of the Intellectual Property Affairs Center of the former Ministry of Science and Technology, said in an interview: First of all, universities should be strengthened as the main body of graphene research and development. Cooperation, jointly develop products that are urgently needed in the market, and enterprises must be patient in terms of financial support; secondly, the government's continuous investment is indispensable, especially in the early stage of research and development and key cultivation support; third, technological innovation can also adopt reverse thinking. For the purpose of setting up a super-oil drill or aero-engine high-temperature resistant material, and building a full-technology chain around the characteristics of graphene wear resistance and high strength, from the laboratory to the product, we will eventually form a product. In this process, patent applications are arranged based on technical inventions and market competition.

How does China strive to be invincible?
Regarding the overseas patent layout of graphene enterprises, Zeng Weilin said that China has held many internationally-recognized international graphene innovation conferences, which has attracted the participation of people from all over the world. This is a good way and platform to discover the latest patent developments, to understand the research directions of countries, to understand the status of their products overseas, and to protect them overseas. A patent is a kind of protection and an application. By setting up a platform, it is possible to introduce foreign good patents, and to introduce domestic good patented technologies, so that the graphene patents at home and abroad can be docked and even form patent sharing.
Liu Zhaoping pointed out that patent disputes are a kind of market behavior, and there will be patent disputes in places where there are market interests. For example, the current patents for graphene thin film technology (which can be applied in the field of electronic technology) mainly flow to the United States, Japan and South Korea. If the three countries form a patent alliance in the future and seize the standard commanding heights, it will be very unfavorable to China. In the future, China's products will go overseas and will inevitably face patent disputes. Therefore, Chinese enterprises must not only actively establish patent alliances, but also develop their own technical standards system. They also need to strengthen the international patent layout, and form a technology cross-licensing situation with foreign companies as much as possible in industrialization.
Liu Zhaoping emphasized that on the one hand, graphene enterprises should study the latest international technology trends and market conditions, and track the technological research and development direction of international competitors; on the other hand, they must do a good job in technology development and actively participate in standard setting, and do a good job in intelligence information analysis and technology. Reserve work. Government departments should strengthen guidance from the policy, support all relevant units in the graphene field to establish cooperation mechanisms and industry-university-research alliances; in addition, special funds should be set up to strengthen the international intellectual property research of graphene technology, and provide international patent layout strategies for Chinese enterprises. stand by.

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