Chapter 646: A Slap to the Head

When Guanghui Mobile developed Gphone, Jiang Hui asked the personnel of 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 territorial 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 scope of the laws of that country, and have no binding effect on other countries, and foreign countries do not bear the obligation to protect their patents.

That is to say, Guanghui mobile phone can be registered in the Celestial Empire for various patents, so it only enjoys 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.

Therefore, Jiang Hui asked the legal department to contact the patent agency company as early as possible to register various patents of Guanghui mobile phones all over the world.

What appearance patents, key layouts, desktop layouts...... Various, Guanghui mobile phone has registered more than 300 patents in one go.

Originally, there were no more than 300 inventions or features, but in order to make the opponent have no way out as much as possible, when Jiang Hui asked Guanghui Mobile to register a patent, he not only registered it according to the characteristics of Gphone, but also registered all kinds of similar features.

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

This little money, when the time comes, you can just find a few infringing companies, and you can recover N times.

The focus of Guanghui mobile phone's global patent registration is the United States, after all, the potential opponent of Guanghui mobile phone, the most important is the United States.

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

The U.S. patent system has some unique features. Such as: first-in-the-first system.

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

The "first-to-invent system" means that the patent application must be filed by the inventor, and the inventor can assign the right to apply at the same time as or after the patent application is filed.

Therefore, the right holders who often appear in U.S. patent documents are inventors and assignees.

However, this has no impact on the glorious mobile phone, anyway, the patents registered by the glorious mobile phone are all invented by themselves.

In fact, in the process of patent registration, Guanghui Mobile has found that the U.S. patent law tends to protect all protectable inventions and creations to the greatest extent, and the subject matter of patentable rights is very broad, including "anything man-made in the world".

This feature is very fatal to the majority of Celestial Empire companies, because you will find that almost all research and development directions have patents from other companies in front of them.

Section 101 of the current U.S. Patent Act provides that "any invention or discovery of any new and useful process, machine, product, synthesis, or new and practical improvement made on an existing basis shall be patentable." As long as the statutory criteria for a patent are met: novelty, utility, non-obviousness, full disclosure and clearly protected subject matter".

In addition, in the United States, the term of protection for invention and plant patents is 20 years, which is calculated from the filing date. The term of protection of a design patent is 14 years from the date of grant.

That is to say, the shortest of the patents applied for by Guanghui mobile phones also has a protection period of 14 years, and in these 14 years, any company that dares to infringe on the patents of Guanghui mobile phones must be prepared to go to court.

These sporadic provisions of the U.S. patent law are a good protection for innovative companies such as Guanghui mobile phones.

It's just that when the time comes to go to court, it is unknown whether the courts at all levels in the United States will treat the lawsuit of Guanghui Mobile so fairly and justly.

Don't think that the United States is a real society ruled by law, and people's legal system is also relative, at critical moments, people can always find the so-called "legal" way to keep your legitimate rights and interests unprotected!

……

Apple.

"Steve, there's something I think I need to report to you right now," Sean, Apple's director of legal affairs, said to Jobs' office.

"What's the matter? Has any other company infringed on our patents? For this kind of company that dares to infringe on our patents, don't be afraid of it, you must be bold and sue him for losing all his leggings," Jobs said loudly, waving his arms.

In the past few days, the sales of the iPhone after its launch have not been ideal, and Jobs is also very stressed.

Originally, Apple's plan was to sell 1 million per month, and it was a contract signed by such a family when it was foundry.

However, in the past few days when the iPhone was launched, there was no day when the sales exceeded 30,000 units, and the monthly sales of one million were obviously out of play.

"Steve, there hasn't been a single company that has been clearly infringing on our patents lately."

Sean replied to Jobs' words while struggling with how to report to him so as not to be scolded.

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

Patent applications are already commonplace for them, and everything related to the product is filed!

Even if some of them may not work for future products, it could create a patent barrier for Apple to create for competitors.

Therefore, for so many years, it is generally other companies that infringe on Apple's patents, and the biggest job of Apple's legal department is to sue and claim compensation from these companies that infringe on their own patents.

"So what do you want to say? I'm very busy now, iPhone-related things are my focus, I don't have time to listen to you report on the daily work of the legal department, and I can ask for everything, so what do you want you to do?", Jobs said impatiently.

"What I'm going to report today is about the iPhone."

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

"Why, we all completed the patent registration on time. But now we're in a lawsuit."

"Hmm, what's going on?".

"Guanghui Mobile sued us for infringing 12 of their patents and asked the patent office to declare 16 of our patents slightly invalid."

"Brilliant phone?production of Gphone's glorious phone?".

"Yes, it's that glorious phone."

"Isn't it true that Celestial Empire enterprises don't like to register patents?".

"Guanghui mobile phone is not an ordinary Celestial Empire enterprise, I specifically inquired, just Gphone related patents, they have registered more than 300 patents, as long as you make smart phones, it is difficult to bypass their patents."

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

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

"But all of our products are developed in-house."

"Every defendant will say that, but the judge has to believe it."

"Sit, I just heard the news of poor sales, and now there is another spoof, this year is not good."

……

(End of chapter)