4.The overall idea of constructing patent protection network by patent exploration and layout.
The construction of patent protection network can be comprehensively arranged from the four aspects of technology, product, region and time, which are interrelated, interdependent and mutually promoting.In terms of technology, we should consider the depth and breadth of patent exploration and layout from the perspectives of deep development, improved technology, alternative technology and related technology. Products should be considered in an all-round and hierarchical manner, and patent exploration and layout should be carried out from the perspectives of product structure, performance, function and application.From the perspective of traditional market, emerging market and potential market, the region is comprehensive and focused.In terms of time, continuity is considered from the perspective of technology field, product development and patent application, so as to form a complete protection system.
When building a patent protection network from a technical perspective, we should first consider the depth and breadth of technology.For example, a technology is always moving in the direction of performance improvement, but the development of the technology will hit a bottleneck, and then the technology will be abandoned or replaced by a new technology, or the bottleneck will be broken and the technology moved into the next technological development period.Patent protection network is aimed at the breadth and depth of technology. From the perspective of deep development, it not only excavates the latest development direction of technology, but also predicts the bottleneck point of technology, so as to look forward to exploring the future development direction of technology.
Technology usually involves corresponding products, and the replacement of products is directly related to the development of technology.Therefore, when constructing the patent protection network, after the patent exploration and layout around the technology, it is necessary to carry out the patent exploration and layout for the corresponding products.
When the patent layout is carried out from the perspective of products, the omni-directional and hierarchical layout of products should be considered first. The product will involve the micro structure, macro structure, raw material composition, composition content and product performance;The equipment will involve the overall structure, component structure and other auxiliary structures;Manufacturing involves raw materials, post-processing, testing, intermediate products, etc; Applications will involve methods of use, recycling, application areas, such as oil recovery equipment, coal power plant equipment, etc.
Based on the regionality of patent application, enterprises should not only consider applying for patents in their own country, but also consider applying for patents in other countries.However, from the perspective of cost and effectiveness, it is impossible for enterprises to apply for all patents in all countries, so it is necessary to build a patent protection network from a comprehensive and focused perspective
According to different competitive environments faced by enterprises, regions can be divided into traditional markets, emerging markets and potential markets;The traditional market is the most fierce competition among enterprises, it is the so-called "a land of war", and patent as a "weapon" to beat competitors will be frequently used.Therefore, in view of the traditional market, it is necessary to carry out a comprehensive patent layout, not only to apply for core patents, but also to apply for peripheral patents, so as to form a patent portfolio and build a patent protection network.
Patents are protected for a specific period of time, and the novelty and creativity required to grant a patent is related to prior art prior to the filing date of a patent.From the perspective of obtaining authorization, the earlier the application for patent, the greater the probability of patent authorization, but the technical information will be disclosed prematurely, the technology research and development trend will be leaked, the patent protection period will be shorter;The later you apply for a patent, the longer the period of protection, but the less likely it is to be granted. If you are preempted by your competitors, you will lose more than you gain
By means of patent exploration, the technical points involved (including raw materials, processes, equipment, applications, etc.) should be comprehensively sorted out and investigated, and sufficient patent exploration should be carried out.
By means of patent layout, through planning and designing core patents, key patents, peripheral patents and confusing patents, the relevant technology is comprehensively protected, which increases the difficulty of competitors to imitate and copy the design, and improves the market leading advantage of the company's products.Through the planning and design of enveloping patents and combined patents, the company can reduce the influence of competitors' patents on the company's production and operation, so as to keep the company's products in the leading position in the market and gain stable market control.