Facing the Challenge in the Rise--The Enlightenment of a Chinese Entrepreneur Company Breaking Through the Patent Blockade of Multinational Enterprises

Although it is already a big manufacturing country, the Chinese market is still the world of multinational companies in a large number of high-tech products. If Chinese enterprises want to achieve innovation in these areas, they will surely touch the original interests and will face challenges.

Founded in Zhongguancun, Beijing, Camelot, now a well-known LED packaging silicone industry company, has experienced and faced a patent litigation initiated by a multinational company. Ge Shili, general manager of Commet, was interviewed by reporters on the 25th to tell the story and share the revelation.

Innovation boosts the rise At the beginning of the establishment of the company, the company established the strategic positioning of "localization of pilot polymer materials" in 2005. When it started the research and development of LED packaged silica gel in 2008, it chose the high-end high-refractive silica gel that was completely dependent on imports at that time as the entry point.

“The reason why we can take the high-end market as the entry point is mainly due to a R&D team with rich experience in polymer materials such as silicone and epoxy resin.” Kang Shite, general manager of Kangmet, said in an interview with the research and development team. Mainly from the Chinese Academy of Sciences, the company has been focusing on R&D since its inception. More than 30% of the company's personnel specialize in R&D.

LED packaged silica gel is a key application material for LED devices and plays a decisive role in the overall performance of the device. Due to the high technical threshold, by 2010, more than 75% of the LED high-end high-refractive-package silicone industry market share is occupied by Dow Corning and Shin-Etsu.

Based on its strong innovation capability and outstanding performance indicators, Commet products quickly opened up in the market that was originally monopolized by multinational corporations: domestic listed companies engaged in packaging have gradually become Commet customers, and a number of internationally renowned companies have also actively approached Commet and Achieve cooperation intentions.

After being gradually accepted by the market, the market growth of Commet products is very fast, and the company's performance has doubled every year. With the huge price advantage and the consistency of performance with imported products, the market share of imported products is continuously lost. Relevant data show that in 2014, the domestic LED packaging silicone market scale exceeded imported products for the first time.

Facing the patent challenge "the tiger's mouth to eat" will naturally not be smooth sailing. At the same time as the rise of Commet, a storm and baptism is gradually approaching. In April 2014, Dow Corning sued Commet for the court, claiming that Commet's phenyl-containing high-refractive silica gel sold on the market infringed its patents. A patent war on the attribution of innovative research and development results officially kicked off.

Although things have been going on for a few months, but talking about this response to the experience, Ge Shili is still full of emotions. Ge Shili said frankly that when the product gradually occupied the market, he vaguely felt that there must be a battle, but when the challenge came, he was still surprised: the rival company did not communicate beforehand, and there was no lawyer's letter. The court complaint was directly sent.

“Multinational companies have accumulated deep patents and playing methods over the years. At the same time they declare core technology patents, they will build a patent protection circle with a wide range of core patents.” Wang Hua, deputy general manager of Kangmet, who has handled the patent lawsuit, told reporters that small It is easy for a startup company to step on the "mine" if it is accidentally, and it is impossible to extricate itself from patent lawsuits.

Although in the initial research and development project, Commet's Law Commissioner has searched all patents related to the project technology at home and abroad. But when the challenge really came down, Ge Shili was still a little nervous. He asked the legal commissioner to jointly retrieve all the patents with the patent attorney until they said "ok, no problem, we have no infringement!", Ge Shili really let go of his heart.

Sure enough, after 8 months of investigation and trial, in December 2014, the Patent Reexamination Board of the State Intellectual Property Office officially issued a document stating that the patent rights of the patents of Dow Corning’s patents were all invalid, and a national brand confronted the patent dispute case of a multinational company, and finally Commet The company won the curtain call.

Revelation guide future <br> <br> Although the final Kang US special success to reverse the passive situation, not only did not allow multinational companies an advantage, but also an occasion to give competitors a mind, "the hammer", Kang US special and therefore significantly improve the industry's reputation . However, in the eyes of the industry, this experience has also sounded the alarm for Chinese innovative companies.

Some IP lawyers said in an interview that China's innovative companies want to compete with these international giants with decades or even hundreds of years of accumulation. It is not enough to do a good job, but also learn how to protect themselves. .

Patent disputes in the LED industry are nothing new. From chips to packaging to materials, the “patent war” has been accompanied by the development of the entire industry. Because there is still a huge gap between domestic companies and international giants in terms of consciousness, experience, financial strength, and staffing, "patent games" have always been manipulated by international giants.

“This class is not a bad thing for Chinese companies that are new to the international market. It makes companies realize that the idea that patent applications in the past would reveal core technology secrets is biased.” Ge Shili said frankly, they also thought that they applied. Patents tend to lead to the disclosure of technical secrets, so the core technology is usually guarded by confidentiality.

Wang Hua told reporters that at present, Commet has adjusted its intellectual property protection strategy in a timely manner. From the past, it has been protected by “technical secrets” and changed to apply for patents as much as possible, to build a “patent pool” and become passive. In addition to one of the granted invention patents, Commet has completed six invention patent applications.

Ge Shili said that sometimes “patent” has become a “double-edged sword” in commercial competition. It is no longer an innovative “protective umbrella” but a “stumblestone” for innovation. He called on the patent examination department to strictly examine and try to eliminate some The monopoly of patents such as “planting a tree and encircling the whole forest”.

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