Application and Planning of Enterprise Patent Strategy (Part One)

1.2. Implementation Purpose of Patent Strategy

For the research and practice of enterprise intellectual property strategy, enterprise patent strategy is a relatively mature part of its policy source field. Patents, as an important part of intellectual property rights, play a vital role in the development of enterprises. Establishing and improving patent strategies is a necessary means for enterprises to enhance their core competitiveness in domestic and foreign market competition. Enterprises must grasp the national conditions, master the rules, avoid risks, and master the self-defense and winning way of patent protection as soon as possible.

Under the conditions of modern socialized mass production, the technological foundation of enterprises is always in the process of revolutionary development and change. The breakthrough and gradual accumulation of technological innovation often bring about a series of important changes in enterprises, such as concept innovation, organization innovation, management innovation, system innovation and so on. Among the existing legal protection and incentive means, the acquisition, maintenance and protection of patent rights are the most safe, lasting, reliable and effective basic measures to protect the technological competitiveness of enterprises. Patent right is essentially a kind of property right incentive, which enables technical resources to be confirmed and defined by legal rights. The patent strategy gradually formed in the practical implementation and operation of patent right provides the most sufficient space for this kind of property right incentive within the scope of enterprise capacity. Patent strategy can be divided into national patent strategy, regional (regional) patent strategy, industry patent strategy and enterprise patent strategy.

 

1.3. The Fundamental Role of Patent Strategy

Generally speaking, patent strategy is the integration of holistic strategic concepts and tactics that the makers use the legal protection provided by the patent system to seek the maximum economic benefits in technological competition and market competition and maintain their own technological advantages for their own long-term interests and development. It can also be said that the fundamental role of patent strategy and its basis for existence lies in that, based on the property right incentive of technology, it effectively integrates the four main incentive sources of technological innovation, namely, property right incentive, market incentive, government incentive and enterprise incentive, and forms a dynamic three-dimensional management mode that takes into account the dual functions of attack and defense.

 

1.4.The Formation Stage of Patent Strategy

The formation of enterprise patent strategic planning generally goes through four stages: the formulation of patent strategic planning, the evaluation of patent strategic planning, the implementation of patent strategic planning, and the adjustment of patent strategic planning.

 

1.5.Classification of Patent Strategy

Enterprise patent strategies can generally be classified as follows:

1.5.1. According to the nature of enterprise patent strategy, it can be divided into offensive strategy and defensive strategy;

1.5.2. According to the process of enterprise patent strategy, it can be divided into application strategy, implementation strategy and protection strategy.

Combined with domestic practice, the offensive strategy can also be subdivided into core patent proliferation fission strategy, bundled “horse race enclosure” strategy, etc; The defensive strategy is subdivided into basic technology encirclement strategy, technology disclosure strategy, etc; Subdivide the application strategy into time difference strategy, extension strategy, etc.

 

1.6.Objectives of Patent Strategy

The goal of the patent strategy is to open up the market, occupy the market, and finally obtain a favorable position in market competition. Occupying the market is the core content of the patent strategic goal. Patent strategy is closely related to science and technology, economic development and market competition. For an enterprise, patent strategy is an important part of its business development strategy. Using patent strategy in business can effectively confront and crowd out competitors, obtain the largest market share with less investment, and enhance their competitiveness. In terms of technology research and development, our invention and creation can be protected by law in time, and we can grasp the latest development of technology in time, so as to find our own way out of technological innovation. This can effectively avoid repeated research and save a lot of human, material, financial and valuable time. Facing the severe situation of fierce competition in the international market, it is of great practical significance for Chinese enterprises to actively carry out patent strategy research in order to survive and develop in the international market.

 

1.7 Main Embodiment of Patent Strategy

1.7.1. It is conducive to the survival and development of enterprises in the fierce market competition. The essence of market economy is a competitive economy. As an independent economic entity that operates independently and is responsible for its own profits and losses, enterprises undoubtedly play a leading role in market competition. The market competition among enterprises is manifested in product competition. Behind product competition, it is essentially technology competition. Technology competition is the competition to innovate first and obtain the ownership of new technology, that is, the competition to obtain patent rights.

1.7.2. It is conducive to promoting technological innovation. Patent strategy promotes technological innovation, which is mainly reflected in the following aspects:

1.7.2.1. Increase the source of technological innovation; As a dynamic strategic process, the first step of patent strategy is to stimulate invention and creation strategy. Invention comes first, then innovation. Invention is an important source of innovation. Encourage the invention and creation strategy, so that the source of technological innovation continues to increase and never dry up.

1.7.2.2. Encourage the enthusiasm of enterprises’ technological innovation and protect the achievements of enterprises’ technological innovation from being invaded by counterfeits.

1.7.2.3.It is conducive to strengthening the environmental construction of technological innovation. The patent strategy requires the government to encourage enterprises to increase scientific and technological investment and develop new products; The government is required to formulate preferential policies on technology introduction, taxation, finance, tariffs and other high-tech industries, further strengthen publicity, cultivate creative awareness, establish comprehensive and all-round service institutions, use modern means to establish information networks and provide important market information, technical information, etc. These have greatly promoted the formation of technological innovation environment.

1.7.2.4.Introduce the concept of “strategy” into technological innovation. The choice of technology strategy is more important than the choice of specific technology. The study of patent introduction, follow-up strategy and national strategy of patent strategy may enlighten us to answer strategic questions in technological innovation, that is, to introduce the concept of “strategy” and implement strategic management.

1.7.3. It is conducive to enhancing international competitiveness. Market competition is mainly reflected in the competition of product quality and cost. In the final analysis, it is the competition of science and technology, and then the competition of intellectual property rights.

From the current trend of internationalization of patent protection, implementation of unified patent protection standards, and will be raised to a very high level, patent protection plays an increasingly important role in future economic development. To be internationally competitive, enterprises must produce products with independent intellectual property rights and high-tech added value. As an international metropolis, more foreign capital and multinational enterprises will flow into Shanghai. The regional patent strategy of Shanghai and the patent strategy of enterprises in Shanghai should stand higher and see further. In recent years, the “patent high output” that has been “spawned” mainly by government policies and financial support may not be “sustainable” development, and the fundamental way is to stimulate the main innovation power of enterprises.

 

1.8. Characteristics of Patent Strategy

 1.8. 1. Confidentiality. In addition to the fact that the patent specification must be made public on time, patent personnel should keep confidential matters related to patent applications, which is stipulated by discipline. The strategies and tactics planned in the patent strategy belong to important confidential matters of the enterprise.

1.8.2. Purpose. Patent strategy is a program for the long-term development of enterprise patent management and an innovative countermeasure for enterprises to adapt to future environmental changes. It is not to maintain the current situation of the enterprise, but to create the future of the enterprise; It is not to study the appearance of patent business activities of enterprises, but to study the basic nature of problems and the main contradictions in patent business; This paper discusses the general direction, basic development trend and future main objectives of enterprise patent work.

1.8. 3. Risk. Patent strategy is to determine the competitive action of future enterprises, and the external environment of future enterprises is changing, with great uncertainty, randomness and contingency. Its internal environment belongs to the risk enterprises in the field of high technology, with the risk of high income and high failure rate. Because the complexity of the decision-making object and the problems it faces are often sudden and unpredictable, and it involves the future of the enterprise, whether the enterprise can grasp the changes of the internal and external environment in the future to make major strategic decisions is an important reason with risks.

1.8. 4. Legality. Patent protection applied by patent strategy is based on Patent Law and international intellectual property agreement. The patent system governed by the patent law plays an important role in patent strategy. It provides reliable legal protection for patent technology competition. It is a code of conduct for formulating specific measures of patent strategy and a powerful weapon for safeguarding patent rights. Therefore, patent strategy has distinct legal characteristics.

1.8. 5. Particularity. Patent strategy is different from specific management methods and means. All enterprises cannot use it in general, and there is no fixed and universal model. It is always formulated according to the different specific conditions of enterprises. The patent strategy of each enterprise depends on the different conditions of its own stages. Each enterprise’s patent strategy has its own characteristics. It is always adjusted appropriately according to the changes of the external environment and internal conditions of the enterprise to adapt to the changed situation.

1.8. 6. Comprehensive. The patent strategy alone cannot win in the market competition, and the best effect can be achieved only by comprehensive application with other strategies of enterprise management (such as accurately selecting the objectives of research and development, paying attention to the reduction strategy of quality and cost, etc.).

1.8.7. There are differences between inside and outside. For domestic enterprises and inventors, in order to promote their own scientific and technological progress and economic development, generally all countries can act in strict accordance with the law. As for the input of capital or products of enterprises in other countries, they are mostly considered to be conducive to the economic development of their own countries, and their policies are inclined to domestic enterprises. This is actually a feature of the national patent strategy.