Why Are Japanese Companies Keen On Patent Litigation?

Not long ago, the brothers Industrial Co., respectively, went to the first intermediate people's Court of Shanghai.

In recent years, with domestic sewing equipment

Compared with other Japanese companies, heavy machinery can be called "specialized households" in patent litigation in the mainland of China.

Heavy machinery has specialized agencies and personnel to prosecute domestic enterprises for infringement of their patent rights all the year round.

In 2008, heavy machine informed Suzhou Wanping sewing equipment Co., Ltd., the "Bao Jia" brand BJ1541 sewing machine violated its design patent, and complained that ZOJE ZJ9000 direct drive micro oil computer sewing machine violated its invention patent.

In 2007, the 2284 crease sewing machine produced by heavy machinery and Jewel Companies produced its invention patent, and the 373 button sewing machine produced by Jack company invaded its invention.

From China's intellectual property online search, the author obtained 123 patents on industrial sewing machines in China from 2007 to 2008.

From 2008 to 2009, the data were 138 and 124 from 2009 to July 27, 2010.

From 2006 to July 27, 2010, the brothers obtained 108 invention patents in the mainland of China.

From 2006 to July 27, 2010, Da he obtained 39 invention patents in the mainland of China.

In view of the fact that Japanese companies are keen to apply for invention patents, senior experts in the industry pointed out that Japanese enterprises have been engaged in "technology enclosure" for many years to prevent the development of other countries, especially Chinese enterprises.

Senior experts in the industry believe that at present, there are loopholes in China's patent acceptance mechanism, which has led Japanese enterprises to use unreasonable means to apply publicly available or even invalid patent technologies to China.

Take the 2284 fold sewing machine of the heavy machine, Li Li Jia and jewel production, in violation of its invention patent, the two patents involved in the "rotating thread bar" in the sewing machine and the "needle swinging pattern conversion device" used in sewing machines are all patents that other enterprises have applied for and have failed.

According to the senior experts in the industry, the claim for the patent of the take-up rod has been written wrongly. The description of its patent technical features is a violation of the principle of sewing machine stitch formation.

And the US SINGER company applied for the invention patent in 1961. The heavy machine only made some changes to SINGER's patented technology, and only applied for utility model patents, but could not apply for invention patents.

As for the invention patent of the needle swinging pattern conversion device for sewing machines.

Since September 11, 1998, the application of the patent has been authorized by the heavy machinery since August 3, 2005, and it lasted for nearly 7 years.

Then, why does the application of the heavy machine take so long? Lijia has pferred the whole process of patent examination from the State Intellectual Property Office's trial files.

By comparing the application documents with the authorized documents, the examiner has issued 4 examination opinions and made a telephone discussion with the applicant in the process of examination of the patent. The applicant has made a drastically modification of the application document, especially the claim, including replacing the original submission of the abstract with the attached drawings, and adding a new abstract to the drawings. Finally, the patent claims are changed from 14 items of the original application to 5 authorized ones.

In the first examination opinion, the examiner retrieved 2 comparative literature, all of which were patent applications published in Japan before 1994 (1992) and the application date of the heavy machine patent application.

That is to say, the heavy machine takes the patent that someone else has applied for to China to apply again.

The patent application of the heavy machine can finally be authorized to play the role of a cat in the palm, changing the "slot cam" in the original patent to "cam".

The reason why Japanese companies are so keen on patent litigation is mainly because the market of sewing equipment that they once monopolized for a long time is being eaten up by the growing Chinese brand, resulting in the loss of the sewing machine business and the psychological imbalance.

Japanese companies frequently apply for patents, and the frequent prosecution of Chinese enterprises' infringement is to stop the development of China's sewing equipment industry.

In fact, many patents applied by Japanese enterprises are either invalid or unreasonable.

The patent receiving agencies do not understand the relevant technology and do not care about the domestic enterprises (no objection is raised in the public notice period), so that the Japanese enterprises with "patent addiction" have made the loopholes.

Senior experts in the industry pointed out that with the intensification of competition, foreign enterprises will increase the intensity of anti infringement.

In order to deal with this passive situation, the industry urgently needs to establish a "patent platform" to provide advisory services for enterprises to develop new products, so as to avoid the risk of patent infringement, provide inquiry services for patent receiving institutions, and provide technical expertise for solving infringement disputes.