Perfection of Rebirth

Chapter 644

When Brilliant Mobile developed the Gphone, Jiang Hui asked the legal department to register various patents all over the world.

Patents are territorial!

According to the principle of patent independence stipulated in the "Paris Convention", the regional characteristics of patent rights refer to the patent rights granted by a country in accordance with its own patent law, which are only valid within the jurisdiction of the country's laws and have no binding force on other countries. , foreign countries are not obliged to protect their patents.

That is to say, if Brilliant mobile phones can be registered with various patents in my country, they only enjoy patent rights or exclusive rights in China.

If someone produces, uses or sells the invention in other countries and regions, it is not an infringement.

That's why Jiang Hui asked the legal department to contact the patent agency company early on to register various patents of Guanghui mobile phones all over the world.

Appearance patents, button layouts, desktop layouts... all kinds of things, Guanghui Mobile has registered more than 300 patents in one go.

Originally, there were not more than 300 inventions or features, but in order to make opponents have nowhere to go as much as possible, when Jiang Hui asked Guanghui mobile phone to register patents, he not only registered according to the characteristics of Gphone, but also registered all similar features. Registered again.

Anyway, for the Guanghui Group, which has a large family and a large business, the patent registration fee is really nothing.

This small amount of money, when the time comes, you can find a few infringing companies casually, and you can recover N times.

The focus of Glorious Mobile's global patent registration is the United States. After all, the most important potential opponent of Glory Mobile is the United States.

Of course, there is Samsung in South Korea, but Samsung's main overseas markets are China and the United States.

The US patent system has some unique features.Such as: first to invent system.

The "first-to-invent system" implemented by the United States is different from the first-to-file system implemented by most countries in the world.

"First-to-invent system" means that the patent application must be filed by the inventor, and the inventor can transfer the application right at the same time or after filing the patent application.

Therefore, the right holders that often appear in US patent documents are inventors and assignees.

However, this has no effect on Guanghui mobile phone. Anyway, the patents registered by Guanghui mobile phone are invented by themselves.

In fact, during the process of patent registration, Guanghui Mobile has already discovered that the US patent law tends to protect all possible inventions and creations to the greatest extent. ".

This feature is very fatal to the majority of Chinese companies, because you will find that almost all research and development directions are hindered by other companies' patents.

Article 101 of the current U.S. Patent Law stipulates that "any invention or discovery of any novel and practical method, machine, product, composition, or novel and practical improvement on an existing basis may be patented. .so long as the statutory criteria for a patent are met: novelty, utility, non-obviousness, sufficient disclosure, and clearly protected subject matter".

Moreover, in the United States, the protection period of invention and plant patents is 20 years, both calculated from the filing date.The term of protection for design patents is 14 years, counted from the date of grant.

That is to say, the patents applied by Guanghui Mobile have the shortest protection period of 14 years. During these 14 years, any company that dares to infringe the patents of Guanghui Mobile must be prepared to file a lawsuit.

The odds and ends of the U.S. Patent Law provide good protection for an innovative company like Guanghui Mobile.

It’s just that when it’s time to go to court, it’s not clear whether the courts at all levels in the United States will treat the lawsuits of Guanghui Mobile in a fair and just manner.

Don't think that the United States is a real society ruled by law, and other people's legal system is also relative. At critical moments, people can always find so-called "legal" ways to prevent your legal rights from being protected!
……

Apple.

"Steve, there is one thing that I think I need to report to you now," Sean, director of Apple's legal department, came to Jobs' office.

"What's the matter? Is there another company infringing on our patents? For this kind of company that dares to infringe our patents, your legal department should not be afraid, and you should attack boldly and sue him for all his underwear." Jobs waved Arm said loudly.

In the past few days, the sales of the iPhone after its launch have not been satisfactory, and Jobs is also under great pressure.

Originally, Apple's plan was that the monthly sales volume could reach 100 million, and the contract was signed by such a family when it was an OEM.

However, in the past few days since the iPhone was launched, there has been no day when the sales volume exceeds [-] units, and the monthly sales of one million units is obviously out of the question.

"Steve, no company has been visibly violating our patents lately".

While answering Jobs' words, Sean was struggling with how to report to him so as not to be scolded.

For Apple, one of his core assets is a variety of patents.

Patent applications are commonplace for them, and they apply for everything that is irrelevant to the product!

Even if some of them might not be useful for future products, that would create patent barriers for Apple's rivals.

Therefore, for so many years, other companies have generally infringed on Apple's patents. The biggest job of Apple's legal department is to file lawsuits and claim compensation with these companies that infringe their own patents.

"Then what do you want to talk about? I'm very busy now, and the iPhone-related matters are the focus of my work. I don't have time to listen to your report on the daily work of the legal department. You come to me for advice on everything, so what do you need?", Jobs Said impatiently.

"What I want to report today is related to the iPhone."

"Huh? iPhone-related? In addition to helping to register various patents, what else is your legal department related to iPhones? Don't tell me that you forgot to register patents? Then you can submit your resignation letter."

"How come, we all completed the patent registration on time. But now we got into a lawsuit."

"Huh? What's going on?"

"Glory Mobile sued us for infringing 12 of their patents, and asked the Patent Office to declare 16 of our patents slightly invalid."

"Glory Phone? A Glory Phone that Produces Gphone?".

"Yes, it is the Guanghui mobile phone."

"Don't Chinese companies dislike registering patents?".

"Glory Mobile is not an ordinary Chinese company. I made a special inquiry. They have registered more than 300 patents related to Gphone alone. As long as they make smart phones, it is difficult to bypass their patents."

"You mean to say that our iPhone may really infringe the patent of Guanghui mobile phone?".

"It's not possible, it's almost a violation."

"But all of our products are developed independently."

"Every defendant will say that, but it's up to the judge to believe it."

"Sit, just heard the news of poor sales, and now there is another spoof, this year is a bad year."

……

(End of this chapter)