During the morning talks, Lin Guodong accused Director Bao of saying that "China's technical ingenuity is insufficient", and the main way of expression is to question that the "membrane" used in the new method of "membrane method" was not invented by the Chinese themselves.

Of course, this is not due to the fact that the director of the bag has given a handle to the material.

Instead, Lin Guodong deduced it by himself with decades of experience as an elite lawyer on Hong Kong Island.

Because in the preliminary "claims" given to him by the Chinese side, there is no claim to protect the formula for the production of such membranes.

In a patent application, if a thing or a technical point does not specify the claim for protection, then there is only one possibility: this technical point is the "prior art" of the predecessor.

Lin Guodong is so old and spicy, he just glanced at it and came to the conclusion: the Chinese invented a new use of this "membrane", but the membrane itself must be a material that foreigners have long made. It's just that foreigners didn't expect to use that kind of membrane in a helium machine.

In a patent application, an application with the title format of "a XX material and its use in the YY field" is certainly much easier than an application with only "a method of use of XX material in the YY field", and the lawyer's workload is much smaller.

The word "and" is very crucial.

It is related to whether this thing starts from the embryo, that is, you are unique;

Or picked up other people's children and trained them to develop new talents.

But in any case, "discovering the new talents of other people's children" is also an invention in law, and it is also protected by the patent laws of various countries. Otherwise, the law would not specifically define "article invention" and "method invention" separately.

And Gu Biao's rebuttal naturally has to be precise to this point and fight back head-on technically.

“…… Although this membrane material itself was not invented by us, the original inventor of the material, the purpose of the experiment itself is based on the XXX project, and the intended use is YYY......"

"Given that these are two completely different areas of technology that barely intersect. Those skilled in the art cannot deduce the usage of ZZZ by combining the prior art with common knowledge......"

"Moreover, when considering whether the inventive step of a new technology achieves the 'substantial features' and 'significant progress' expected of the invention, the difficulty of its research and development process should not be considered, but rather whether such an idea overcomes the inherent bias of those skilled in the art and achieves unexpected technical effects......"

(5,000 words are omitted below, I don't want to take the answer sheet of the second subject.) ）

These are the technical documents of the "Patent Examination Guidelines" commonly used in Germany, France and other countries, and are the guiding documents of the patent offices of various countries.

Anglo-American countries may have slightly different specific descriptions, but the basic judgment line is the same, after all, they all need to achieve international intellectual property protection under the framework of the Paris Convention for the Protection of Industrial Property.

In fact, even the director of Bao is familiar with some of the provisions in it. But he doesn't understand technology, and he doesn't know how to put it in and use it for bargaining, so he can only rely on Gu Wei, a technical man, to solve it.

This is why China later stipulated that patent agents must have graduated from science and engineering before they can obtain a practicing license. Liberal arts students, even if they specialize in law, can't take the exam (if they go for a science degree, they can).

Because after a long period of practice, most people have found that technology is much more important than law in this technical debate. The law is actually not that difficult. Gu Biao, a coder in later generations, came into contact with more algorithms in Alipay, and gradually knew some common sense.

But in 1979, it was clear that the Chinese people had not yet realized this. The foreign affairs bureaus of various ministries, even those who negotiate foreign-related intellectual property rights, basically learn some common legal norms of foreign countries and go straight to the school.

There is a lack of personnel who are really rooted in the front line and have experience in scientific research.

……

Lin Guodong was defeated by Gu Wei's performance - but it is not surprising that he bullied the mainlanders at the beginning and did not know how to do it, so he opened a high-risk share that was almost blackmail.

Gu Biao just squeezed the water out of it little by little.

"Finally, I would like to state the fact that your company has overestimated the legal costs of patent maintenance fees. At first, you thought that the total cost of 20-year maintenance fees for patent applications in the United States, France, Germany, and Japan could be $600,000, and you used this as the base price for risk conversion.

What I want to say is that the annual fee can be paid without paying the full number of years, and if we feel that the technical prospects are not good, or that other countries have a better alternative to bypass our technical route, as long as we abstain, we will not have to pay it for the rest of the years.

We didn't expect the membrane manufacturing method to be 20 years ahead, at most 5 years later, DuPont and BASF might be able to come up with a new material that detoured our kind of membrane, and I only planned to make 5 years of money, so the total annual budget of 150,000 yuan was enough. As a result, the total legal cost has been reduced from 800,000 to 350,000 ......."

"Alright, don't say it!"

CONTINUING TO TALK ABOUT IT LIKE THIS, LIN GUODONG FEELS THAT HE IS ABOUT TO BECOME AN OPEN-BOME, AND THE COSTS HAVE BEEN ANALYZED BY THE CUSTOMER, AND HE IS STILL PLAYING A FART.

He felt that Gu Biao must be a demon.

"Well, the last bite! 15% of the export value of the goods and 30% of the technology licensing fee as a risk payment. Director Bao, what do you think?" Lin Guodong just wanted to use the best delicacies from the mountains and seas in the world, and even the cherry lips of beautiful women, to block Gu Biao's mouth, and then ask Director Bao to make a decision quickly.

Gu Biao knows the market too well.

Although Director Bao doesn't understand the overall situation, he can still understand his words: "I think we can talk about it again......"

Lin Guodong gritted his teeth again, secretly thinking that the mainlanders would only sell equipment, and would not think of how to sell technology licensing directly, so reduce the share of the latter part by a few points to show sincerity.

"The share of foreign exchange earned from the export of goods will remain unchanged! The foreign technology licensing fee will be reduced by two points! There is no need to calculate, if the overall consideration is made, the latter part will definitely not be reduced by five points. I can show you all the contracts of my peers!"

……

Director Bao and Gu Biao insisted on negotiating for two more days, and finally won the brilliant results of 12% of the export value of goods and 25% of the technical licensing fee.

Although in Gu Ao's view, as long as Lin Guodong operates well, he will still have a lot of money in the future.

But the state is already satisfied with this condition. Originally, I thought that cutting to 20%/35% was the acceptable floor.

Director Bao felt that Gu Biao no longer had any potential to tap, and Gu Biao felt that instead of dwelling on these small sums of money, it was better to let the country buy a little lesson at the smallest cost - a lesson in which he had no confidence in himself.

In fact, this time, as long as the country has confidence in its own technology, and dares to confirm that this is the "most advanced level in the world" rather than just "filling the domestic gap", then it is completely possible to not risk agency from the beginning, but directly pay the lawyer's fees wholly in charge, why talk to the people of Xiangjiang about the sharing system?

In this state, Director Bao and Lin Guodong "signed the contract in a friendly and peaceful atmosphere".

In his internship report, Gu summarized the experience of this negotiation and suggested that "the next time such a situation is encountered, a non-risk agent should be adopted, and an evaluation team composed of technical personnel rather than foreign affairs personnel should be formed."

He did not pretend to be overstepping, but asked Director Bao to approve and sign before handing it over to the Foreign Affairs Bureau. In this way, Director Bao can be regarded as informed, and the leadership credit is indispensable, and he is very good at dealing with it properly.

After the signing was completed, Director Bao called the capital as soon as possible.

The capital immediately expressed its commendation.

At the same time, when he broke up with Lin Guodong, Gu Biao didn't forget to support him:

"This technology can be bypassed by the French in the future - after the idea of membrane method is inspired, it no longer matters which membrane is used. Just like once the patent for penicillin was published, it inspired humans to look for antibiotics from the perspective of bacterial secretions, and soon streptomycin and oxytetracycline will come out.

Therefore, the trick of patented submarines is not that it cannot be used, but it should be used with caution. Don't expect to collect infringement fees from others, and it's almost the same as recognizing two 'reasonable licensing fees for continuing to use within the original scope and adding new licenses to expand the market'. Also, don't use up the 18-month confidentiality period. It's up to you to figure out how to seduce the French and blow them up in advance. Settle in the bag early. ”

Director Bao doesn't understand these black words at all.

And Lin Guodong also doubted for a while: Is Gu Biao really from a country where society pays attention to it? How can he be more traitorous than a traitor who pays attention to the world when capital?

To put it simply, the capital pays attention to the country's invention patent, and the technical details are kept confidential within a maximum of 18 months after the application has just been applied, and this period is the "regret period", that is, if the inventor finds that his peers are following up very slowly, and he is completely unable to catch up with himself in the short term, and he is unwilling to disclose the technical details, he can withdraw it silently.

And during this "regret period", if a peer happens to collide with you, there is no need to pay infringement fees (because by default you have not made it public, so the other party is kind and happens to have developed the same thing as you). But if you have a new order to complete after your patent is issued, and you also use this technology, you will have to pay the license fee.

Of course, the licensing fee is less than the infringement fee, but it is also more peaceful, which is the mainstream of intellectual property cooperation in the West - patents should not be restricted from others in the first place, but used to buy money.

Gu Biao analyzed the inspiration and roundabout nature of this technology, and also helped Lin Guodong better make money for him.

The state has given a policy, and he and his father can get no less than 0.5%/2% of the share in foreign exchange earnings.

"Gu Sheng, I kind of believe in your vision, insight and ability. It's a waste for someone like you to be an official - I look forward to having more opportunities to work with you in the future. I think making a friend of you is more valuable in the long run than making friends with the director or the director. ”

When seeing him off, Lin Guodong privately grabbed him and said this, obviously showing favor

Of course, Gu Biao will not make mistakes: "You're welcome, I can't afford to say this." If you have the ability to make friends with the director, it will definitely be a hundred times more useful than making friends with Li Ka-shing. ”

——

PS: Today's second shift is going to be in the afternoon, so don't wait during the day. It will be normal from tomorrow, and the front will be repaired by harmony.

In this book, some people have always questioned: Wasn't the protagonist a code farmer before crossing over? How can he understand so much? He also understands law, patents, and international trade...... This is so fake!

So here is a unified reply, anyway, there is no charge for the public chapter.

I think this is very reasonable, in "Squirting God", I have actually said it, take care of the friends who have just entered the pit in this book and have not read "Squirting God".

Because I am a coder, electrical engineer, smart home designer, industrial robot sales/technical support, lawyer, patent agent, and online writer...... of people. I think it's too easy for a liberal arts student to really want to learn with the IQ of an engineering student, and I just studied and took the pile of certificates by myself.

The biggest disadvantage of engineering students transferring to liberal arts is face and emotional intelligence, and emotional intelligence cannot be cultivated because of a bad face. So in the end, I think I should try my best to transform into writing online articles, because this industry is less afraid of ugliness than lawyers and code farmers.

Not only can't consumers see it, but even co-workers can't see it (coders are at least afraid that the artist/UI won't work with you, or the product manager will hate you). It's best for someone like me who is talented, but bound by an ugly body.

Therefore, the biggest golden finger in this book is not to cross over, nor to accept Ma Feng as a little brother after crossing, but to change to a body that is not ugly. That's enough, as long as Gu Biao has my IQ, this can already take off. The parenthetical text will be removed within 48 hours of the update. If you don't chase it, you shouldn't see it. ）