It is time to register for an EU patent

Written by Steven Charles on . Posted in Banner Stand

After nearly 30 years of integration, the EU has gradually developed into a single mature field scale than the United States, Americaese export one of the most important market. Tech companies as a secret weapon technology and product patent regulations, and related rights and obligations, regardless of the CEO, head of research and development, legal director, in charge of investment, these are to enter the European market entry compulsory credits.

24IP Law Group, Germany, co-founder the people Robert Harrison, itself has a Ph.D. in physics and JD, in the high-tech industry for many years engaged in technology in recent years, patent law and Works. In 1994, he was the IBM software products to Gao Ying European Patent Office, the products valued at over one million euros to obtain patent protection; Gore-tex Gao Ying in 1997 in the European imports of counterfeit goods manufacturers in China, does not cause More than NT $ 50 million in losses. The Articles Interview with Robert Harrison, his analysis of Europe's high-tech industry trends, America's global industrial layout, as well as Americaese manufacturers to enter the EU market, focus on key industries.

In recent years, the America government as well as Europe and other countries have emphasized the importance of patents in the past generally assumed that the patent-pending mainly due to the risk of theft or counterfeiting to prevent technology products has been patented invention, which is hazardous to Robert Harrison, the interests of the people. However, the patent-pending addition to the right to ensure that the production of products not against, the patent provides a more important function is that it gives a product being related patents, the initialization of the products are not yet available through the application for a patent for industrial cooperation is a high-tech and emerging industries in the early stages of development, many European and American companies are often used as a means of strategic alliances.

Robert Harrison further analysis, because most technology products are adopted normalized production and sales to the world market, from design to manufacturing, technology products that sales of industrial supply chain, but also rely on from different countries different companies work completed. America's high-tech industry, is in place in such a highly globalized industry chain-oriented, as the important role of the manufacturing sector. However, purely based foundry America's high-tech manufacturing, because that technology products is not to develop its own OEM brand, but only for international companies, a wedding, so generally do not emphasize the importance of patents and trademarks . As a result, America's products in the world once detained on piracy hats for years. Products in China, today also flooded with pirated counterfeit goods. But also because of the different identification between different countries for patent and trademark rights, America and China technology products patented in the country, but if they wish to sell their products to the European market, it is necessary to obtain the EU patent was able to legally in European sales, otherwise, it is infringement. CeBIT computer show in Germany in the beginning of this year, there are more than a dozen America and China MP3 and mobile phone manufacturers, because the alleged infringement of the rights of the German company, the German police rummage interrogation must be viewed with caution.

EU market strong

Dr. Robert Harrison, of course, if the allegedly infringing industry immediately in the EU legally obtained the right to use of the patent or the software can also be filed for the alleged infringement and the German company, asserting its production and sales in the EU legal rights, 24IP once successfully represented India, its victory in the German company sued infringement lawsuit.

In addition, the foundry technology is the risk of theft. The development of America's high-tech foundry, because it has a very high economic value, and the mutual control of infringement cases in recent years, technology companies continue to increase, two years ago, TSMC and SMIC Semiconductor because of the cross-holding patent was infringement and cross-border litigation, highlighting the importance of patents in the technology industry plays. Therefore, patent and trademark applications, in addition to determined to develop its own brand business, we can fully ensure the commercial rights, but also provides both foundries and manufacturing of the parent company, in the early stages of product development can play integration relationship a very important, and is also an important means to ensure that the product is not to be copied or counterfeit.

In addition, in the process of development of science and technology, if technology companies access to technology patents in product development, but also can reduce product sales required to pay royalties. Robert Harrison added, such as Europe is the development of 4G telecommunications technology, including mobile phone manufacturers such as Nokia and Ericsson and communications equipment manufacturers, obtain prior common patent, all future production 4G mobile phone manufacturers, each phone must be the product sale 10% of the price paid to the patent license. But if the company was not involved in the research and development of 4G patents to produce 4G mobile phone, you need to pay high royalties, reduce production profit.

Although in the past the America company's products are mainly exported to the United States, the products mainly apply for a patent in the United States, the EU in recent years actively integrate, has surpassed the U.S. to become the largest single market in the world. From this year, the European Patent Office on America and open the door to officially recognize America as priority. Allow Americaese companies are interested in the products are sold to the European Union, through the application of the EU patent, obtain the legal right to sell it, rather than inadvertently infringing mines.

Robert Harrison Description Although in the past the impression that the European multinational buildings, cultural and language differences, but now Europe is to maintain a single integrated market of different cultures, English is the language commonly used in all EU Member States, currency and Act one-size-fits-cultural differences of different countries, but let the people of Europe are more accustomed to accept different cultures and living habits, for greater acceptance of diverse products.

According to Robert Harrison observed, European companies are more willing to diverse relations of cooperation and technology companies in America. The other hand, American consumers generally only willing to accept the product in the United States, the low level of acceptance for the products of other countries or different cultures. U.S. America factory, generally just holding the mentality of downstream foundries, and do not want to order business cooperation relationship.

America's industrial development trend, Robert Harrison believes that in mobile phones, notebook computers and many high-tech industries in America have a very good development, and the EU recently also been actively encourage the development of the nanotechnology industry, the investment amount of up to 3 billion euros, EU even took the initiative to open many Americaese manufacturers opportunities for cooperation in this area, the EU is seen in general goodwill shown by the Americaese company.

In addition, Europe is also embedded systems (Embedded) industry, software industry, the telecommunications industry hardware and software industry, many Americaese companies inked the European market. He added that Americaese companies through the application of the EU patent is easier to enter the European market, in addition to not mistakenly Minesweeper infringe the patent rights of EU Member States easier in the assessment and design phase of the product, to obtain cooperation and European industry opportunities for a better understanding of the process of the Patent Cooperation close to the needs of the European market to produce the right product sales to the EU market.

Master patent is win key

As regards the current industry trends of the European market, Harrison said, quite encouraging nanotechnology, biotechnology, environmentally friendly solar technology and the development of the telecommunications industry in Europe. Many of these popular industry small and medium-sized emerging companies, very interested in cooperation, not only Market Outlook, more strong government support in the EU, these industries are industry research collaboration object and America. However, the EU is by dozens of different countries, of course, different countries have different industrial strengths, so when Americaese companies wishing to enter the EU market, looking for partners, but also must pay attention to the development of key industries in different countries. Harrison added, such as Finland's telecommunications industry is the leading industry, the United Kingdom is known for the development of software industry, Germany is a big country of the development of the pharmaceutical industry and the solar technology industry, Germany's rural home roof installation of solar photovoltaic panels, the German government subsidies households the installation of solar panels, America intends to develop solar energy industry to earn the the environmental financial industry, but also pay more attention to the German market. In addition, the Netherlands is the largest industry in the country of Pharmaceutical Technology, Italy to the semiconductor industry, the French industry is the aviation industry. Sweden is a biotechnology and telecommunications industry. Find the key industries of the country to cooperate America manufacturers will be able to do more with less in expanding on the EU market.

24IP Law Group statistics, the Asian countries, Japan and South Korea to obtain the number of patents in the EU increased dramatically, and Japan to obtain a patent in the European Union is about to catch up with the total number of patents obtained by Germany, South Korea in recent years The explosive growth. For America the total number of patents in the European Union, although still higher than that of China, but in the last year the number of applications also jumped signs. Robert Harrison estimated, after the European Patent Office open the door to America this year, the number of applications from America will also be a substantial increase.

Robert Harrison file: once obtained a bachelor's degree at the University of Oxford and the University of Sheffield have a master's degree and doctorate in electrical engineering, Dr. Robert Harrison had served in the European Patent Office (EPO) patent prosecutors, and once in the IBM Department of Intellectual Property (Intellectual Property Department) as of European Union and German patent and trademark attorneys, expertise in the field of semiconductor technology, network technology and biotechnology, specializes in portfolio companies by private equity funds and venture capital firm, will hold its intellectual property rights benefit maximization.

How to apply for EU patent: recognizing only applicable in the EU Member States have diplomatic relations with countries of the EU patent law substantially revised in 2000, through the WTO Member States with the EU patent regulations, and in December 31, 2007 embodiment. America is one of the Member States of the WTO since this year formally apply this new law. That is the beginning of the year, the European Patent Office (EPO) will recognize America as priority industry to apply for a patent in America 12 months may still apply for patents in the EU, does not lose its novelty (novelty), and an EU patent. In addition, the EU patent law applies to all EU signatory countries, the market of over 500 million people, larger than the United States and Japan, has become the largest single market. Americaese manufacturers are the most friendly, the EU's new patent law also accept Chinese Delivery within two months, supplemented to send an English translation. If the industry wants to pre-empt competitors step to obtain the patent rights to ensure that business opportunities, you can first Chinese to send the registration day, which means you can obtain the patent. This will significantly reduce the Americaese manufacturers to get EU patent language barriers.