Louis International Patent Corporation
The Scope of Services
Project for Foundation of IPR and R&D System
With growing international technological and market development competition in the face of globalization planning an insightful and comprehensive, knowledge intensive industrial structure and R&D policies will be an enterprise’s priority to re-possess competitive strength.
Due to the coming age of knowledge economy, the industrial structures in our country have to transform from those focusing on production to those focusing on R&D and innovation. To cope with R&D-orientated industries, innovation is a key factor to upgrade an enterprise’s productivity and competitiveness. Innovation of technology derives from R&D activities.
According to the statistics of the World Intellectual Property Organization (WIPO), 90%-95% of R&D results in a given year may be found in patent literature. Meanwhile, proper exploitation of patent data in the process of R&D enables the timetable of R&D to be shortened by 60% and R&D budget to be decreased by 40%.
Therefore, in order to establish a R&D system that complies with the new economic model, it is necessary to integrate R&D departments with IP departments to form an overall system. Meanwhile, going through the various stages of operation, such as R&D planning, R&D processing and R&D value adding, enterprises may create revenue by virtue of insightful layout and added value of intellectual property rights, and orient towards the industrial structure focusing on IPR, so as to upgrade the enterprises’ overall competitive strength drastically.
Ⅰ. R&D planning
◇Establishment of technical database：
Including overall economic condition and statistics, the condition of technology in the relevant industrial fields and market intelligence, status of competitors’ technical development and survey on market share, patent gazettes of the various major industrial countries and law database, etc.
◇Production of patent map：
According to Japanese statistics, invention patents related to originality are less than 20% of total patents, while most patents refer to improvement in technology. Therefore, subject to the subject products, an enterprise may exploit various patent searching strategies and skills to produce a patent map based on the searched relevant patent literature and also to deduce the technology/performance matrix. According to the information displayed in the patent intensive area, we may avoid the area for acquired patents and also proceed with innovative design around to acquire valid patents complying with requisite patent requirements by virtue of design around method and following the all element rule, doctrine of equivalent and estoppel, based on the focus theory. Meanwhile, we may also proceed to develop original, pioneered and fundamental new patented technology from the information displayed in the patent blank area according to Dig Theory , and then plan an enterprise’s patent layout and establish its patent domain.
Ⅱ. R&D processing
◇Strategies for patent application：
As long as the concept is considered workable in the process of R&D, we may file a patent application to produce the effect brought by the first file rule. With respect to the areas where the application should be filed, it is necessary to take the global layout into consideration and file the application in countries related to production and market of the product. Meanwhile, an enterprise may select the various strategies for application subject to its flexible policy, e.g. the concentrated strategy; filing the application for major inventions or in major areas; the racing strategy; filing the application comprehensively in a specific area to seize an opportunity or score a success by quantity; the temporary filing strategy; filing the application preliminarily and then submitting an official application, if necessary, upon identification of the technical scope.
Patent portfolio has become an important competitive strategy in the high-tech field, which can also serve to be the counter in a patent action or negotiation for technology. Patent portfolio means that peripheral patents derive from a core patent and integration of all of those patents constitutes a patent network. A complete patent portfolio can not only prevent competitors’ designing related patents but also protect itself from the action against patent infringement by means of cross-license. Meanwhile, an enterprise may lead the industrial standard by means of joining an international patent pool.
Ⅲ. R&D value added
The gross export sales for IP of the U.S.A. amounted to USD 60 billion in the U.S.A. in 1996, which accounted for 40% of its export sales, and thus IP became an important export product in the U.S.A. IPR has become an intangible asset with substantial value in the knowledge economy age. The reasonable price of an enterprise’s patent right may be evaluated through the technical assessment procedure, including industrial analysis, technical analysis, financial analysis and market analysis, and based on appropriate assessment methods, including the cost method, income capitalization method, market method or real option. Such price can be applied by an enterprise for the purpose of capitalization, calculation of license royalty, reference price for technical transaction, calculating of damages for infringement, estimation of collateral and strategies for exploitation of IP.
◇ Analysis and appraisal of patent infringement：
The evaluation for legal risk must be performed on patents presented by design around, in order to lower the risk for legal actions. In other words, an enterprise may entrust an expert organization to make a patent appraisal report to present the analysis report for non-infringement. Therefore, even if it is held by a court as infringing patents, it can avoid the punitive damages for malicious infringement. When an enterprise’s patent is infringed, it is necessary to present the patent infringement appraisal report and entrust an expert organization to analyze the subject of patent and elements of counterpart in accordance with all elemental rules, doctrine of equivalence and estoppel, and then draft a formal report containing issues to be appraised, reasons of appraisal, conclusion of appraisal and exhibits for the court’s reference.
◇Certification of product：
The products which are published as examinable shall not be sold publicly until they are approved to be competent upon examination. An enterprise should submit the required information, relevant technical documents, trial report and registration certificate of approval in order to apply for the certification mark in the various countries. After that, it may signify that the quality of its product complies with the certification standard and the quality control adopted by its factory also complies with the international ISO quality control system requirements. By so doing, the manufacturer can win customers’ reliance to develop its market by means of the reputation brought by the certification mark and consumers can purchase suitable products by identifying the certification mark.
◇Production & marketing integration planning & promotion：
After owning IPR, an enterprise may commercialize the new technology and patent right simultaneously. The procedure for commercialization of new technology includes drafting of business plans, planning of production process and mass production, and establishment of marketing system and trading channels, etc. The commercialization of patent right includes periodical maintenance of IPR, obtaining royalty by virtue of license provided upon technical negotiation, and seeking international buyers by being dedicated to the technical trading market to exchange for concrete economic benefit.
In the knowledge economy age, accumulation and exploitation of IPR and innovative ability are considered the priority. Acqusition of patent right and exploitation of patent information can not only bring profitable income to an enterprise but also enable the enterprise to strive for market control and prevent competitors from entering the market.
We have been involved in IPR practices for years and retain professional attorneys-at-law, senior patent engineers and technical advisors by contract, and continuously participate in the on-job training courses of Industrial Development Bureau to study patent practices, patent analysis and technical evaluation, and provide services to industries for establishment of a technical database exclusive to enterprises, production of patent maps, application for local and foreign IPR, processing of local and foreign IPR litigation, technical evaluation, patent infringement analysis and assessment, certification of products, production & marketing integration planning and promotion.
With the improvement of technology and economy, we believe that an enterprise can gain competitive strength in the global market only when it owns patented products. Therefore, by virtue of providing comprehensive planning and foundation of IPR to enterprises, we hope that we may help enterprises upgrade their efficiency so as to enjoy sustainable development and expand market share.