China LED lighting patent warfare 70% patent or invalid

The more domestic listed LED companies, the more objects that can be targeted or targeted by international LED giants, because their market size is large enough. China LED lighting patent warfare will be explosive. International LED giants and many patent phishers have already collected relevant evidence. Some domestic LED companies have received lawyers' infringement letters, but they have not yet disclosed them.

In May, domestic LED packaging giant Guangzhou Hongli Optoelectronics and LED display manufacturer Alto Electronics successfully landed the Shenzhen Growth Enterprise Market and the Small and Medium-sized Enterprise Board respectively. Next, Suisse Technology and Ruifeng Optoelectronics, which have already successfully met, will soon be IPOs. This means that there will be more than 10 LED companies listed in the country.

"The more domestic listed LED companies, the more objects that the international LED giants can target or target, because their market size is large enough. China LED lighting patent warfare will be triggered." Researcher at Suzhou Institute of Nanotechnology, Chinese Academy of Sciences, Suzhou Najing Optoelectronic chairman Liang Bingwen said recently.

International LED giants and many patent phishers have already collected relevant evidence. Some domestic LED companies have received lawyers' infringement letters, but they have not yet disclosed them.

The layout of giants “Although domestic LED companies have applied for many LED patents and even LED invention patents in recent years, most of them are not original, and most of them are based on the original patents of the international LED giants. The patented gold content is also greatly reduced." Liang Bingwen pointed out that "if we really take the patent lawsuit with the international LED giants, nearly 70% of the LED invention patents of domestic companies may be invalid. The reason why the international LED giant has not yet used patented weapons to start with domestic companies, The main reason is waiting for the growth of Chinese LED companies."

In fact, in the past 15 years, global LED patent lawsuits have never been eliminated.

In 2006, Nichia Chemical sued British retailer Argos with a white LED patent infringement; in the same year, Nichia Chemical and South Korean Seoul Semiconductor sued each other for patent infringement. Last year, Nichia Chemical initiated patent litigation against Taiwan Everlight, Tsann Kuen Japan, and Wilmar of the United States. Recently, Philips has sued the semiconductor patent infringement in Seoul, South Korea, and Cree sued Xu Ming for patent infringement.

Industry data shows that from 1996 to 2010, there were 168 LED patent lawsuits worldwide. Among them, there were 62 from Japan, 28 from Philips, 20 from Cree, 18 from Seoul, 15 from Toyota synthesis, 14 from Osram, 18 from Pan-Chip, and 10 from patent licensing companies.

However, the patent war between the international LED giants generally ended in reconciliation and the signing of patent cross authorization. Since the beginning of this year, OSRAM, Cree, Nichia Chemical, Toyota Synthetic and Philips have separately reached a patent license agreement for LED. At this point, the world's five major LED giants have basically formed a new new patent crossover network.

“The new patent crossover network established by the international LED giants means the formation of the LED patent alliance. The most terrible is that the LED patent alliance has excluded domestic LED companies.” Liang Bingwen pointed out that many domestic LED patents are also international LED giants. Applying in China, "So for domestic companies, LED is an industry full of 'mines'."

Perhaps the figures can better explain the crisis. At present, there are 124,000 LED patents applied worldwide, of which 20,000 are from the United States, 25,000 from China, and 49,000 from Japan.

"What deserves more attention is the fact that China's 25,000 LED patents are actually owned by Chinese companies. How many LED patents are original is still a question mark," said Liang Bingwen.

According to the domestic LED company annual report or prospectus data, Ruifeng Optoelectronics, Hongli Optoelectronics, Lehman Optoelectronics, Qianzhao Optoelectronics, Sanan Optoelectronics, and BDO Runda have a total of 707 LED patents. There are 77 pieces. The BDO Runda, which holds 44 invention patents, has its main source of invention patents and acquired Korea EPIVALLEY.

Approaching the critical point The above data seems to indicate that China's LED industry patent crisis has approached a critical point.

In 2008, a retired professor at Columbia University filed an application with the US International Trade Commission (ITC) for a patent infringement of LED patents, and initiated the launch of Chinese companies such as Hongli Optoelectronics, Shenzhen Zhou Lei, Dalian Lumei, and Hangzhou Shilan Mingxin. 337 investigation." In the end, several domestic LED companies each paid several millions of dollars in reconciliation fees.

Although the incident shocked the domestic LED industry at the time, but afterwards, the domestic LED companies seemed to think that the "wolf" did not come and there was no patent dispute.

This may still not make the industry aware of the importance of patents. A domestic LED company that has ordered 10 MOCVD equipment has told the newspaper that the international giant's LED patents have no role in China, especially the infringement on LED epitaxial wafers, and it is difficult to pursue them; secondly, as long as LED products are in China And European sales generally do not encounter patent disputes.

This high-level statement actually represents that most companies are rushing to enter the upper reaches of the LED epitaxial wafers. These companies seem to be busy ordering MOCVD equipment and are digging around with LED professionals. There seems to be no action on the LED patents.

Hongli Optoelectronics, which had suffered a loss in patent lawsuits, stated in its prospectus that key patents for LED core technology, in particular blue LED chips and phosphors used in the production of white LEDs, have been used by Nichia Chemical, Toyota Synthetic, and Cree is monopolized by major international LED manufacturers, and has established a strict patent network worldwide through patent cross-licensing. In order to avoid possible litigation risks, the export products of China's LED packaging companies can currently only use chips and phosphors produced by manufacturers with international invention patents or their authorized manufacturers.

BDO Runda Chairman Wang Donglei once stated that BDO Runda’s acquisition of South Korea’s EPIVALLEY company is mainly directed at patents and patented body protection. BDO Runda’s LED application products may be sold to foreign markets. For example, BDO Runda LED lighting products sold to the Japanese market.

"More domestic LED companies are often unknowingly infringing." Liang Bingwen pointed out that these companies not only do not understand the rules of the patent game, but also lack LED patent talent.

Zhang Hongbiao, a senior analyst at the Zhejiang Institute of Industrial Research, said that Chinese LED companies may not encounter patent disputes in the short term, because most of the domestic LED application manufacturers have not exceeded 500 million yuan in revenue, if the income scale of these companies is clear With more than one billion yuan in the following year, the patent risk will be greatly increased.

An internal employee of Career China also pointed out that compared with international giants, the products of domestic LED companies are not at the same level of competition at all. Only when the rise of domestic LED products can compete with international giants or pose a substantial threat to the business of international giants, will international giants use LED patented weapons.

Perhaps based on this, Hongli Optoelectronics, which has patented experience, is one of the listed funds for the construction of a technology research and development center. It sets three-year short-term goals, five-year medium-term goals, and ten-year long-term goals. The main task indicators are The number of patent applications.

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