Patent Early-warning

Overview>> How much do you know about patent early-warning?

What is Patent Early-Warning?

• Pre-empting possible major disputes related to patent

infringements and their consequences by collecting, sorting,

analyzing and judging patent information.

• Essential for enterprises amidst their daily operations to achieve

active precaution by actively averting patent infringement.

• Patent early-warning is not just needed by inventors, labs and

universities, but also for enterprises and government institutions.

Participants of Patent Early-warning

government industry

association enterprise

law office;

patent agency;

research institution;

etc.

Methods of Patent Early-warning

1. Market monitoring

>> existence of corporate

patent infringement

>> monitoring of competitors

>> pass of the patent

2. Internal patent business

>> patent layout

>> patent training

>> building of corporate

patent strategy

3. Utilization of

patent information

>> building of corporate

patent database

>> search of patent

information

>> patent analysis of R&D

projects

4. Contrast between

patents

>> provide patent risk

assessment

>> provide suggestions for

patent improvement

>> avert patent disputes

Is Patent Early-warning Necessary?

2003

Cisco vs. Huawei

2009

Nokia vs. Apple

2010

Sony vs. LG

2011

Samsung vs. Apple

Cisco filed a lawsuit against

Huawei for infringing its intellectual properties.

Sony filed a patent infringement

complain against LG Electronics on over 10 phones including the Encore, LG

Accolade, Neon, Quantum, etc.

Nokia sued Apple for

violation of 10 patents it held

on several wireless

technologies.

Samsung sued Apple for patent infringement in

Seoul, Tokyo and Mannheim.

Is Patent Early-warning Necessary?

>> Cases of patent infringement are on the rise around the world.

>> The disputes related to patent infringement shows a tendency of

slowly expanding.

>> Disputes regarding intellectual rights tend to be the indispensible

theme in this ever-competitive business world nowadays.

Patent early-warning has been a

necessary “weapon” for enterprises

to compete in this knowledge-based

society…

Patent Early-warning Mechanism >> Powerful “shield” for modern enterprises

Why Build Patent Early-warning Mechanism?

1. Win the initiative in market competition

2. Brace for challenges in the field of patent technology

3. Avert the occurrence of possiblepatent disputes or infringement

4. Protect corporate-owned patent rights

Patent Early-warning Mechanism Includes…

1

•Information Collection >>Information on patent application, authorization, disputes, trade, hi-tech, investment, etc.

2

•Data Analysis >>Establish patent index system and provide analysis reports of patent early-warning.

3

•Early-warning Information Publication >>Make enterprises well-informed of the IP protection situation.

4

•Feedback on Patent Early-warning >>Provide follow-up of early-warning information and aid in the the further modifications of patent early-warning suggestion.

Case One

When Who Result What

1986

Kodak

& Polaroid

1.Polaroid filed a patent infringement lawsuit against Kodak on its instant camera patent.

2. Kodak didn’t utilize patent early-warning analysis to avert the dispute.

1. Kodak lost over $3 billions!

2. 10 years of R&D and marketing

efforts of Kodak were in vain!!

Case Two

When Who Result What

1997

Microsoft &

WebTV Network Inc.

Microsoft

found that

WebTV Network

Inc. owned

35 core patents

via its patent

early-warning

analysis.

Microsoft announced the

signing of a definitive

agreement to

acquire Web Network Inc. for

nearly $425 million

in stock and cash!

Patent Analysis>> Significant foundation of patent early-warning

Patent Analysis Methods

1. Quantitative Analysis 2. Qualitative Analysis

• based on a large number

of patent information

• perform scientific

measurements on certain

features covered by patent

literatures

• transform scattered

information into systematic

and valued intelligence

• collect patent literatures

on a large scale

• study patent literatures

to classify, compare and

analyze them

• focus on representative,

key and typical patent

literatures, and find out

internal or potential

relationship to form an

intelligence chain

Patent Analysis Tools

Unstructured Analysis

• ClearForest

• Goldfire

Innovator

• OminiViz

• TEMIS

Structured Analysis

• Thomson Data

Analyzer

• VantagePoint

• Quosa

• RefViz

• STN AnaVist

• Vxinsight

Mixed Analysis

• Aureka

• PatSnap

• M-CAM Doors

• Wisdomain

• PatAnalyst

Roles of Patent Analysis

Market Share R&D Cost and Time

Patent Infringement Avert Avert

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