Talking about the Current Status of Patent of Semiconductor Lighting Industry in China

I. Introduction
The difficult 2012 has passed. Since the second half of 2011, under the influence of the unstable global economic environment, China's semiconductor lighting industry has been significantly affected. Enterprises of all sizes have encountered certain difficulties, and some regions have also appeared. The phenomenon of corporate bankruptcy and bankruptcy, many of which are well-known enterprises of a certain scale in the industry, concerns about the short-term market prospects have become widely discussed in the industry experts, scholars, and business operators. However, in addition to this, the author believes that there are two more things that deserve our attention: First, Nichia Chemical v. Yiguang Electronics patent infringement case. After more than four years of tug-of-war, it finally ended with Yiguang’s victory; The giant completed the signing of the patent cross-licensing agreement and basically established a solid patent alliance that covers most of the world's core patents and most of the valuable peripheral patents. Compared with the short-term market prospects caused by the economic downturn, the impact of these two things may be more profound: Yiguang Electronics will continue to sell its products with this win, and downstream customers will be more recognized for its products and technologies. In fact, in the case of a market climax, competition will become more intense, and the role of patents will become more prominent. It can be said that only those technologies and products with independent intellectual property rights can gain greater market share. In the long run, billions Optoelectronics may even be able to mutually authorize patents in certain areas with Nichia or other companies; after the establishment of the patent alliance, the five giants will be consistent in this regard, for non-union companies, especially those lacking core technologies and markets. For the strength of the enterprise, I am afraid that I will eat more big sticks in the future, and the "tuition fee" will be more expensive. In fact, every reference to patent issues, especially the patent issue of the semiconductor lighting industry, can be said to be a cliché. However, whether it is in various conferences or in the open media, everyone is only discussing some superficial problems. The reasons for the solution and the solution are lack of in-depth analysis.

Second, the investigation

In stark contrast to the above two things, so far, many semiconductor lighting companies in China have been sued abroad for various patent issues, but it is rare to see that the winner of the lawsuit is a domestic enterprise, the most common The result is that domestic companies pay a large amount of patent fees to reconcile; on the other hand, in addition to the establishment of a patent alliance between the above five giants, many companies in South Korea and Taiwan in the second camp also pass their own strengths. In some areas, the above-mentioned giants have established in-depth cooperation, some have obtained authorization, some have a unique side, and in contrast to domestic enterprises, almost none of them have received such treatment. Similar to patent cooperation, they have not seen the initiative to seek Establish mutual authorization and cooperation relationship with domestic enterprises. These two phenomena deserve our deep thought. The reasons behind the analysis are also obvious: most of China's enterprises have almost no core patents, lacking the strength to negotiate with each other. After entering the market, they are naturally looked down upon and even beaten. The author conducted a survey and analysis of LED related patent applications in mainland China, as shown in Table 1.

Table 1. LED patent applications in mainland China

years Public patent Patents(%) Authorized invention (%)
invention Authorized invention Utility model Authorized utility model Design
1985-1999 238 110 558 0 0 13.8% 13.8%
2000-2004 1167 748 1600 217 26 35.4% 26.7%
2005-2009 7740 2971 14630 9189 1078 56.5% 12.7%
2010 4308 600 9799 8640 3630 72.6% 3.4%
2011 4684 146 14464 14441 4452 80.7% 0.6%
2012 2851 2 5443 5443 2606 73.9% 0.0%

The data comes from SOOPAT as of December 31, 2012.

From the above table we can see:

1. The number of LED-related patent applications in China is closely related to the establishment and improvement of China's patent system. Since the establishment of China's patent system in 1985, the number of LED-related patent applications has been increasing, especially since the entry of the WTO, the increase in the number of patent applications can be It is said that it is a leaps and bounds. Before 2000, the total number of patent applications was less than 800. In 2000-2004, nearly 2,800 patents were applied, which is more than doubled from the previous 15 years. In the five years from 2005 to 20009, more than 23,000 applications were applied. The patent has increased nearly 8 times compared with the previous five years; in 2011 alone, it applied for 23,600 patents. Although the patents applied for in 2012 have not been fully disclosed, it has reached 11,000, which shows the whole society knowledge. The continuous improvement of the awareness of property rights, especially in recent years, through the application of patents to highlight their own strength and protect themselves is receiving more and more attention. On the other hand, the above data also proves from different angles that the development of semiconductor lighting industry in China has indeed been in recent years. Very fast, technology is constantly improving.

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