Sun Tzu's Art of War has a metaphor of seven victories and seven defeats.

Among them: the one who will be able but the king will not win.

To translate it in the modern vernacular, it is to let professional people do professional things.

Unprofessional executive leaders, when they encounter specific problems that need to be solved by experts, please stay away.

The confrontation between the Supreme People's Court and the CNIPA in this tentative seizure of power is actually a bit bloody, and this is the problem of peeling off all the skin and flesh and leaving only the most straightforward white bones.

In Feng Jianxiong's original time and space, similar legal interpretations were actually similar, but they didn't appear so early, and Feng Jianxiong didn't remember when it happened.

However, this is not surprising - after all, according to the original history, the new version of the Patent Law was only passed at the two sessions in 2008, and now it is only 07 years ago, and the amendment to the Patent Law is already being voted on at the meeting.

Therefore, this is because Feng Jianxiong drafted some legal loopholes in the patent law in advance, resulting in the early revision of the law. The effect of the butterfly effect in the field of legislation is accumulating more and more obviously.

History has been changed, but it has affected only the mentally retarded who memorize by rote.

For a bull like Feng Jianxiong who has insight into the evolution of the origin law of the universe, what about how history has changed.

He is the existence of an IQ of 200, and he does not rely on the conclusion - that is the lo-forcing thing done by the inferior mentally retarded reborn.

In the period of history that Feng Jianxiong did not pay attention to, this legal loophole would naturally be accidentally discovered by some top and wise lawyers, and then summarized, and finally used it to make money frantically.

Finally, about a year or two later, before the situation deteriorated, the Legal Interpretation Office finally discovered this serious technical error, and then quietly revised the interpretation and revoked the interpretation.

Since then, it will be about 2011~2012 after the national invention review system has finally gone one step further, and the difficulty of application has been raised again, so that many people who fish in troubled waters can no longer be fooled.

Feng Jianxiong this hole earlier, which can be regarded as making this hole painful earlier, urging the owner of the hole to quickly apply plasters.

It is also considered immeasurable.

……

Under Feng Jianxiong's guidance, Professor Liu finally thoroughly integrated the causes, legal origins, and possible consequences of this series of problems.

However, he still didn't understand how to exploit and operate this loophole to provide specific guidance on practice.

Of course, these are only matters at the operational level of legal practice, not legal theory.

"Xiao Feng, what do you think if we are a patent agency, how should we operate and exploit this vulnerability?"

A house was delivered, and Professor Liu naturally asked cheekily to the end.

"Specifically, we can do this," Feng Jianxiong nodded, "For example, let's find a piece of technology that is cobbled together with seven or eight pieces or even a dozen of the most cutting-edge existing technologies, and in principle conform to the new innovation without checking for new ones, and fabricate a new invention application."

Then, after the invention application is submitted and enters the substantive examination, it will definitely be rejected by the examiner of the first instance. During this period, there will be one or two defenses. In these two defenses, we tried to modify as few points as possible, so as not to expose too many comparison points in advance-

You must not be like a normal application, where the examiner points out that you have a bunch of flaws in 1, 2, 3, and 4, and you change one and all of them. Instead, if the other party proposes 1, 2, 3, and 4, you only symbolically change 1, or give face to 1 or 2, so as to induce the first-instance examiner to reject you as soon as possible, and then directly enter the administrative reconsideration procedure with the reexamination committee as soon as possible.

When it comes to the reexamination board, the reason for rejection seen by the examiner of the second instance may be that it does not meet the originality of the combination of 3, 4, and 5. At this time, we diligently changed the documents to meet the requirements of 3, 4, and 5 - but in fact, if we were sent back to the first instance, it was still possible to find that we did not meet the requirements of 6, 7, and 8 - but because the second-instance examiner of the review board was not very good at re-searching the comparison documents, he could not find it.

At this time, according to the new interpretation of the High Court, the reexamination board can directly let it go, and our client, it is very likely that we will directly obtain the invention authorization. ”

When Liu Yuanming heard this, he drew inferences and said: "In other words, your invention is actually not creative, and it can be completely covered by the prior art." You just used a strategy similar to the one in the Civil Procedure Law, 'if the second instance can be directly changed by a sneak attack on evidence, then the first instance will retain the strength to pretend to lose, and turn the tables around in the final trial', and you have deceived the indicators of this invention?

But such an invention must not be able to really claim rights, claim foreign claims, or put into production, right? Otherwise, it will definitely be invalidated by the interest counterparty just like the 'utility model collision risk' you described to me in your academic paper back then?

So, this kind of invention should only be used to provide a brush index value for enterprises to apply for national, provincial and municipal high-tech enterprises and other qualifications and tax incentives?"

In the latter "daily use of invention", Liu Yuanming also talked to himself and said it while thinking about it.

After all, he is also an old man in this industry, and this basic operation does not need to be taught by Feng Jianxiong.

He also knows that according to today's market conditions, if the customer has real dry goods, just ask the agency to run a procedure, then the agency fee is not expensive in theory.

For example, a utility model may only cost three or four thousand agency fees. invention, may be the basic fee of 8,000 yuan.

However, in fact, the application agency fee for an invention may be as high as 20,000 or 30,000 yuan - this amount mainly depends on the speed of the patent application.

Because if only 8,000 or 10,000 yuan is given, the firm is basically laissez-faire, and will not apply for early substantive examination, nor will it urge it, nor will it make a careful defense. In the end, the actual grant of the "invention" may take three or four years later than the filing date.

And many companies are in a hurry, they can't wait three or four years, and some are eager to apply for authorization this year and next year. (In contrast, foreign companies are not too anxious in this regard, and they are very energy-consuming.) Domestic enterprises are in a hurry, mainly to make up administrative indicators, there are subsidies)

If it is to be expedited, the workload of official correspondence between the firm and the CNIPA will increase several times, and the office will have to charge more money.

Therefore, if an invention is authorized after 4 years, it is possible to get 10,000 yuan.

If it is authorized within 2 years, some units are willing to pay 30,000 yuan - with money, buy time.

However, the above prices are all based on the fact that "the enterprise itself has R&D strength and can develop new technologies that are indeed qualified to apply for invention patents". The firm only provides clerical representation.

If the firm provides not only a clerical agent, but also the technology itself to help the broker, then the price will be high.

Because invention patents need to be substantively examined, and it is difficult to falsify them like utility models, the state likes to use the number of "inventions" to card the thresholds for enterprises at all levels of "high-tech enterprises" involving qualifications and tax exemptions.

Perhaps when an enterprise has only 3 inventions, it is only worthy of being a municipal-level high-tech enterprise, and once it rises to 5 inventions, it is enough to be qualified to apply for a provincial-level high-tech enterprise. (Of course, when applying, you have to find an agency as a broker and go to the Science and Technology Bureau to run the relationship)

In this assessment, the gold content of "utility model" is almost equal to zero.

(Note: Feng Jianxiong's patent porcelain at the beginning of 06 should actually be refined' as 'utility model patent porcelain'.) The material he used at that time was a utility model, because his primary counterfeiting method could only create a utility model, and he could not pass the substantive examination, and he would be in trouble as soon as he encountered the substantive examination of the invention. ）

In other words, if the "utility model" is the data that engineers and professors need to brush when evaluating their titles, then the "invention" is the data that enterprise-level customers need to brush when evaluating high-tech enterprises.

Think about it, a company that is completely engaged in real estate and finance, without any scientific and technological content, originally did not even have a research and development department, but once it faked enough "inventions" out of thin air, turned into a "high-tech enterprise" signboard, and got additional tax incentives, how much money can be avoided in accordance with the law?

For this kind of unskilled local tyrant and big financier, how much should they be willing to spend to "fake according to law"?

For this kind of business of "sending inventions from scratch" and ensuring "professional counterparts", this kind of big money owner will give hundreds of thousands of indicators, which is considered to be less.

A patent agency, not to mention the special popularity of the capital, then it is still guaranteed to receive dozens of invention application agents every month, and there are more new models and designs (because the CNIPA is in the capital, the large law firms in the capital can generally do several times larger than those in other places).

Now, if you can help your clients work a little bit, piece together the existing disclosed technology, and then use the "evidence raid method" to create a batch of fake inventions – even if it is only a small fraction of the normal number of filing agents – that's a huge amount of revenue.

Feng Jianxiong received Liu Yuanming's 3 million per quarter in advance, Liu Yuanming must still have something to earn, but the big deal is that he doesn't earn as much as Feng Jianxiong.

……

After thoroughly understanding how to do practical things, Liu Yuanming simply felt that his promises and advances to Feng Jianxiong were too worthwhile. (Of course, there are still many operational details that need to be discussed and refined slowly during the implementation process.) ）

He thanked Feng Jianxiong again and called him a brother, and expressed his determination to follow Feng Jianxiong and cooperate until he retired.

At the end, Liu Yuanming suddenly remembered a question, so he casually mentioned it - that is, how to prevent other peers from imitating and copying after understanding the routine.

"Xiao Feng, what do you think of this, if your peers understand it, how should we build a technical threshold to guard against it?"

"If you really understand it, you can't prevent it. Feng Jianxiong's answer was also very simple, "However, we can beat the time difference, so as long as we are not too greedy, don't expect this business to be good for a few years, we won't be able to capsize." ”

"What's the time difference?" Liu Yuanming was so excited, he was already a little drunk, and he was too lazy to use his brain.

Feng Jianxiong had no choice but to send the Buddha to the west: "Do you think, it will take a month or two from submitting the application to getting the "Notice of Acceptance"......? At least more than half a year has passed, right?

Then there is the notice of opinion, the revision of the defense, and three repetitions – adding up to at least four months. In this way, it will be at least one year from the application to the first-instance rejection decision. If the reexamination committee is found in the second instance, it must be tried first, then corrected, then defended, and then passed, and the fastest is three months.

So, when did it when our peers wondered about it because they had observed our success, or stumbled upon these problems in practice? If we started now, they saw the successful precedent and then reversed engineering, and figured it out, it would be at least a year and a half later! When they started again, and it was their harvest season, it would be 18~20 months!

But what if we started today, and then 30 months later, you chose to publish the article exposing all these legal loopholes in Legal Studies?

What is the end? That is, the world imitates our peers, and follows up with them when their rejection application is about to be sent to the review board...... Then the Supreme People's Court changed the interpretation, and the review committee had no right to give them a direct review! If they can induce the other party to sign a VAM with the customer for the expected high profits and more orders...... How do you think they're going to die?"

This is the most infuriating lore.

It's like climbing up to the top of the city, slashing the ladder with a knife back, and then looking at the imitator who has just climbed to a step or two, falling into the city and falling into flesh, the bones are incomplete, and the blood is lost.

Who told Feng Jianxiong not to rub sand in his eyes.

Dogs who follow the trend have to die.

……

Liu Yuanming shuddered when he heard this.

He even felt a trace of cool air rising from the deepest part of the Nine Ghost Domains, through the spring points on the soles of his feet, and crawling all the way to the Heavenly Spirit Cover.

"Fortunately, I didn't move Hei Xiaofeng's plan, otherwise I'm afraid that with his calculations, I will be ruined so badly in the future. ”

He hurriedly drank a small cup of Moutai to suppress the shock.

However, Feng Jianxiong didn't seem to realize Liu Yuanming's mental activity struggle at all, and his high-minded talk was still a little unfinished.

"Moreover, Professor Liu, you are actually a little too concerned about your assessment of the opponent's imitation and following speed. In fact, from the time they figure out the routine, to the time they can really implement it, there is still a lot of preparation and intelligence work to be done - don't be careless, you also have to do these tasks, and they all cost money, otherwise why do you think I only need 35% of the revenue and the remaining 65% will be yours?"

Liu Yuanming hurriedly came back to his senses, thought about it again, and said with self-righteousness: "Indeed, the preparation is not easy. To use the routines you said, the firm's team of agents must first be upgraded. In the past, most of the agents who only knew legal affairs and had no R&D work experience were incompetent.

Since you want the agent to take the lead in shaking the second-instance examiner, the agent's splicing and understanding of cutting-edge technology must be stronger than that of the second-instance examiner. The labor cost of this piece will first rise several times, there is no salary of 20,000 or 30,000 yuan a month, and this kind of middle and senior talents cannot be tied - by the way, this cost can also be used to imitate our opponents in the future, if they spend a lot of money to form a team, borrow money to pull investment advances, and finally are blocked by us, then those who borrow money The boss of the office is likely to be chopped up by the coal boss!"

After saying this, Liu Yuanming felt quite proud, and felt that his IQ and reaction speed had finally caught up with Feng Jianxiong once.

"What you're talking about, of course, is a big plus, and it's the biggest one. Feng Jianxiong didn't want to pretend to be forced, let alone discourage Liu Yuanming's enthusiasm, so the way he spoke was still very measured and save face, "However, that's not all." There is another piece that you should also pay attention to. ”

"Oh, what else?" asked Liu Yuanming humbly.

Feng Jianxiong: "Have you thought about it, what are the backgrounds of those second-instance examiners of the Reexamination Committee?"

This is a question that ordinary scholars who only study law may not necessarily care about. But Liu Yuanming is also a great scholar in the circle, and he has been done by external consultants of the State Intellectual Property Bureau, so he still knows it very well.

He replied: "I know this, they are all former senior first-instance examiners, and their qualifications have accumulated to the point of being promoted to the reexamination committee...... You mean?"

Feng Jianxiong: "That's right, since they have all been examiners in the first instance and have been doing it for many years, from being only responsible for one subdivision of technical directions at the beginning, to being responsible for seven or eight similar technical directions in the second instance-

So, since you are ready to deceive them, shouldn't you do intelligence work and find out what subdivisions and fields the dozens of examiners of the Review and Examination Commission were reviewing when they were first-instance examiners? Otherwise, wouldn't it be funny that the inventions of your bureau happened to bump into their old profession, which they had been immersed in for 10 or 8 years?

Liu Yuanming exclaimed: "Brilliant plan! After figuring it out, confirming what these examiners were studying when they were doing the first trial, we just avoided the field they knew best! And even if the competitors figure out the tricks in the future, they will have to spend more time collecting information in this area, and they can delay a time difference!"

But...... The personnel of the review committee will also change, the old ones will retire, and the new ones will be promoted. If in the next year or two, a new examiner is promoted, and we don't know about it, then wouldn't it still be possible for the bureau to be brought back?"

"There must be personnel transfers, but not too many, so you have to do a good job of 10%~15% rejection failure rate, appropriately raise pricing, and share risks. Do business, how can there be a sure profit without losing money. Remember, from today onwards, don't think of yourself as a petty exporter of labor in the service industry. Be magnificent! Treat yourself as your boss!" Feng Jianxiong's reply was light and light, and he didn't take this risk into account.

Liu Yuanming suddenly felt extremely ashamed. He has lived in vain for so many years, and his courage is completely incomparable to Feng Jianxiong.

From learning, to practice, to courage and courage, all of them have been completely exploded.

Perhaps, there are really sages in this world who are born to know, and they can't be envied.

——

PS: I originally wanted to continue to break the chapter, and learn the 2K file and 3K file outside. But for the sake of a technical problem that has not been explained for two days, for the sake of fluency, I will release a 5,000-word chapter today. It's equivalent to three watches.