Chapter 226 Patents that will not be preemptively registered

Prince Meteb is gone, and everything is calm again.

I went to SDSU in the morning, exercised in the afternoon, and read all kinds of literature that Dr. Klinsmann asked NB Aviation to take a little bit in the evening. Although he was an accomplished Ph.D. in electrical engineering before rework, he was only equivalent to an undergraduate student in physics, chemistry and mathematics.

After nearly 6 years of perseverance, he is not what he used to be, and now he can not only understand the physics and chemistry papers that he can't understand at all, but also do experiments to verify them.

Just as Dr. Jiang Meimei and Dr. Tong Jiaming said when they came to St. Petersburg last year, conducting research is a constant and repetitive task, and only by understanding the achievements of our predecessors can we have the opportunity to make a breakthrough even a little bit.

Xia Yao also worked hard, but for her, language was just a tool for communication, and the reason why she learned it was completely to not embarrass her sweetheart, far from his heartfelt interest in basic science.

After reading the English version of Shakespeare's original book for nearly an hour, she was a little tired, put down the book and climbed to the bedside, and said softly: "Husband, I heard that NB Electronics' color TV is selling well." ”

He looked so engrossed that he gave a perfunctory "um" and didn't even look back.

"The second sister is on holiday, Natasha also went to Hong Kong with her, last year because of my mother's illness did not spend the New Year at home, this year even the eldest sister and eldest brother-in-law are not ready to go back, I feel very uncomfortable when I think of the home will be deserted on Chinese New Year's Eve."

Only then did he realize that he had snubbed his lover, so he hurriedly put down his paper and walked to the bedside, stroking her hair, and said in a gentle voice: "Don't worry, the house can't be deserted." Uncle Ding, Aunt Gu, Uncle Chen, Aunt Xu. There are also uncles and second uncles. Your parents must be lively. ”

Every festive season, Xia Yao is no exception, pointing to a stack of papers on the desk, pouting and muttering: "These documents can also be read in the Special Economic Zone, those experiments can be done in the experimental workshop, NB Airlines has two flights a day, and it is not inconvenient transportation." ”

"It's easy to go back. You can leave tomorrow, but the key is after you go back? ”

The charter sighed lightly, and said with a helpless wry smile: "Wife, your husband thinks he is an ordinary person, but others don't see it that way, and there will be endless entertainment after he goes back, and he can't shirk it at all." What's more, they will make this or that request, do you say I will say yes or no? ”

"Secretary Chang, Mayor Wang?"

"It's not just them. There is also the British government in Hong Kong, and the Hong Kong branch of the New H Society. The tree is a big wind. ”

Xia Yao asked curiously: "What are they looking for you to do, do you want the company to invest in China?" ”

"The political climate is not good, not now, it is more out of politics. After all, we have a little influence in Hong Kong, and Hong Kong is now in a particularly complicated period, and it is not appropriate to get close to either side. ”

"Then we'll be neutral."

"It's easy to be neutral, but the result of neutrality is to offend the left, center, and right, and you can't not take a stand on any issue."

"Is it just like never going back?"

"Of course it's impossible, but I can slowly dilute my identity in the company, until everyone thinks that I really have no intention of managing the company, and I have no interest in politics, and I only know that I am dedicated to learning."

Xia Yao was happy, got into his arms and asked with a smile: "I really don't care?" ”

"It really doesn't matter, except for big decisions."

Thinking that after his brother-in-law came to Europe, the group's operation was normal, Xia Yao couldn't help but sigh: "Mr. Wu, Mr. Xu and Mr. Lin are very competent, and there is really nothing to worry about having them." ”

"yes, that's why we can live like this."

The charter paused, and then said: "The hardest thing now is Mr. Lin, who has to manage production and sales, and at the same time take into account the future development of the electronics group. Don't look at me as the largest shareholder and founder of NB Electric, but if I were to sit in his position, I would definitely make a mess. ”

"So unconfident in yourself?"

"It's not that I don't have confidence, but I have a specialization in the industry, and managing the company is not my forte."

Xia Yao liked the feeling of lying in his arms the most, and while stroking his chin with his white and delicate little hands, he asked curiously, "Is it so difficult?" ”

"It's not hard to be a president, but it's very hard to be a great president."

The charter nodded heavily, and said very seriously: "For example, the current NB electronics, the production must take into account the different voltage levels and current frequencies of dozens of countries, and the standards of the home appliance industry in various countries, even the specifications of the plug are different, in case of mistakes, there will be big problems;

In terms of sales, it is necessary to take into account the laws and regulations of the country where it is located, and to take into account the aesthetic concepts of the local people, and only in this way can it smoothly enter the market and develop targeted promotion strategies. At the same time, it is also necessary to take into account the after-sales service, which can neither have blind spots, nor increase too many operating costs;

The use of funds is the top priority, doing too much inventory will increase financial costs, not having enough inventory is not conducive to sales, and all passing on to suppliers and agents will affect the reputation of the group, so it is necessary to be careful and find a balance from it. ”

The president of NB Electronics Group looks like a beautiful place, but he really has to think about so many things when he sits in that position. Xia Yao then understood, and immediately nodded again and again: "It's quite difficult, ordinary people really can't do it." ”

"These are nothing, the future of NB electronics is the biggest headache for Mr. Lin now."

Chartering reached out and picked up the teacup on the bedside table, took a sip of water, and said with empathy: "Now he has a good deck of cards in his hand, and he can play as much as he wants, but after playing it, he can't get it back." My brother-in-law and I gave him the cards, but my brother-in-law and I didn't know how to play them. ”

Xia Yao was completely dumbfounded, and was stunned for a while before asking suspiciously: "Husband, you and your brother-in-law really don't have a plan for NB Electronics?" ”

"It's not that there isn't, but there are too many, and I want to do everything, but I really don't know if I can do it well. After all, we only have a temporary advantage, and the foundation of the technique is too thin, and no one can say whether we can maintain it. ”

"Isn't there a laboratory?"

"The lab can't solve all the problems. Especially in semiconductor technology. We lag behind our American and Japanese counterparts by at least 30 years! And this industry is a bottomless pit. So we have dared to invest in other businesses over the years, but we don't dare to get involved in semiconductors easily, it's a shame to say, a company that manufactures color TVs, even integrated circuit boards need to be purchased. ”

The beloved was a little disappointed, Xia Yao felt uncomfortable when he saw it, and hurriedly comforted: "Husband, you have been very successful." More successful than anyone I've ever met. Besides, we are only in our 20s, and we have a long way to go, and buying now does not mean that we will buy in the future. ”

"yes, so we need to work on it."

The charter smiled, looked at the literature on the desk, and said meaningfully: "The foundation is thin, so start with the most basic things." In the next five years, I will invest 50% of the group's profits in NB Labs. And support affiliated enterprises as much as possible, so that they can develop together. In the future, it will be good for us. ”

"Hong Kong or East Germany?"

"We all have to support."

The charter said proudly: "The general direction is clear. First help the members of the "Dr. Klinsmann's Friends Association" to develop, and then wait for the political climate to improve, and then move the relevant industries to the country like other German companies, so as to really get their advanced processing technology. As for the affiliated enterprises in Hong Kong, they mainly use their funds and try to get more Hong Kong bosses to engage in manufacturing. ”

"Do they want to?"

"It's profitable, there's money to be made, why don't you want to? In fact, a little achievement has been made, and there are more than 30 Hong Kong companies supporting NB Electronics. In addition, more than 20 companies are engaged in infrastructure construction, equipment introduction, and training personnel in order to provide NB medical support. ”

Putting down his glass, he continued: "In order to make more money for them, the Hong Kong Productivity Council and the R&D staff of our Technology Application Laboratory are looking at one by one to find ways to diversify their products so that they can continue to grow even without our matching orders in the future." ”

Xia Yao was confused, and asked puzzledly: "What is the benefit of doing this?" ”

"There are a lot of benefits, but I don't see them right now. As for what are the benefits, it is really unclear for a while, in short, a hero with three gangs, a fence with three piles, if you want to make NB Electric bigger and stronger, you must have an industrial environment. ”

Thinking of NB Electronics's "future window" color TV can sell so well, it is entirely due to the technology developed by the NB laboratory, Xia Yao couldn't help but remind: "Husband, the current laboratory is not as good as before, not only external experts and professors, but also a large part of doctoral students come from abroad, and the future of China and Hong Kong will also go out to communicate, if a patent like NB Electronics is preemptively registered, the group's losses will be unimaginable." ”

"It's not as scary as you think."

The charter put together a line of thought and explained step by step: "First of all, a large part of the experts and professors we hire and the graduate students we recruit are engaged in basic research. This is a real contribution to science and human development, and there is no such thing as a patent or a patent. Therefore, many foreign national basic research laboratories are open, and only if you break through a little bit, and I break through a little more, many theories and discoveries will become reality.

Second, cybersquatting is a concept in trademark law, which has a specific and clear meaning. As long as the principles of first-to-file and distinctiveness are followed, registration can be granted under normal circumstances, unless there is an absolute prohibition under the Trademark Law, and there is basically no refusal of prior use, and there is no concept of novelty under the Patent Law. It is precisely because of this that there will be a phenomenon that the trademark that has been used for many years is preemptively registered by others. ”

Seeing her flickering and twinkling eyes, as if she didn't understand, the charter continued: "The principle of patent law is different from the above-mentioned principle of trademark law, although the principle of first-to-file is also pursued, but this is the first-to-file principle that does not destroy the novelty condition, that is, when a certain technical scheme is not disclosed, whoever applies first has the first priority. Therefore, there is no concept of cybersquatting in the sense of patent law. ”

The more Xia Yao listened, the more confused he became, and asked, "That same technique, someone invented it first, but he didn't apply for it." Later, another person also invented it and applied for it, is this considered a cybersquatting? ”

This is a very real problem, and the charter smiled: "Wife, it seems that you do not understand the legal spirit of the patent law, and the reason why this law is enacted is entirely to encourage people to apply for patents for their inventions and creations as soon as possible, in exchange for disclosure in exchange for limited time protection."

If the inventor does not apply first, or fantasizes about protecting the secrets of his technique. Subjectively, they just don't want others to share their technical achievements, and even if they pay for it, they don't want others to get it. Although such a practice is a 'private matter' of the first inventor, it is not encouraged by the Patent Law. Therefore, if there is a post-inventor and someone else has developed it, it is necessary to encourage others to apply for a patent, which is not a preemptive registration, after all, the original intention of the legislation is not protection, but disclosure. ”

It turned out that this was the case, Xia Yao then understood, and after thinking about it, he asked: "Then if the results of our laboratory are secretly used by the R&D personnel to apply for a patent, won't it become a preemptive registration?" ”

This is also a very real problem, but it is not a problem for NB Labs.

The charter laughed: "This is also not a squatchastom, but illegal." It is important to know that before entering the NB laboratory, both experts, professors and graduate students must sign a confidentiality agreement with the laboratory. Even if it is the result of his own research, the ownership of it belongs to the laboratory, and to apply for a patent is to steal the secrets of the laboratory, and we can report the case to the Commercial Crime Bureau of the Hong Kong Police Force and pursue its legal responsibility.

In addition, we can also raise a prior user right defense, as long as we produce sufficient evidence to prove that the necessary preparations have been made before the filing date, then the patent office will still accept our application; If his application has been approved, then we can use the 'public knowledge defence', the research log is a valid record, and he will not only be held legally liable, but the patent obtained will also be awarded back to us. ”

"However, if there is no complete chain of evidence, it cannot be proved that we are willing to apply for a patent, and the subsequent inventor is not a laboratory R&D person, but a person or institution that has nothing to do with us, then the patent right will belong to someone else." What may seem unfair on the face of it is actually a 'punishment' for not being the first to apply for a patent or for not being willing to disclose the results. ”

"What if you don't want to apply for a patent and you don't want to be punished?"

The charter was ridiculed, pinched her nose and smiled: "Then only the technical plan can be disclosed in a timely manner, so that the public can enjoy the benefits of the technical results free of charge." ”

Speaking of this, he seemed to remember something, and said helplessly: "Most of the people who put forward the idea that patents are preemptively registered are those reporters who do not have any common knowledge of patent law. Especially in China, I don't know who created the concept of 'independent intellectual property rights', which is simply misleading the public and undermining the cornerstone of the patent system. ”

Xia Yao was confused again, and asked suspiciously: "Why do you say that?" ”

The charter took a deep breath and analyzed it carefully: "In the legislative spirit of the Patent Law, the patent right is not autonomous, and the right granted by the Patent Law to the patentee is the right to exclude others from exploiting its patent, nor does it give the right holder the right to exploit its own patent.

This is because an improved patent is likely to become a subordinate patent to someone else's patent, which means that there is no possibility of autonomy at all. But such a 'pseudo-concept' has become a term for politicians, and even national leaders advocate it everywhere, thinking that with patent rights, you can sit back and relax, and you can be autonomous, and sooner or later such a concept will have to pay a price. (To be continued......)