Under the long-term efforts of many research institutes and enterprises, after decades of accumulation of technology and exploration of industrialization, the semiconductor lighting industry has entered a period of explosive growth in recent years. Both technology and the market have entered a stage of rapid development. Particularly encouraging is the fact that semiconductor lighting technology is a strategic green lighting technology that has a profound and positive impact not only on energy-saving and emission-reduction worldwide, but also has evolved into a notable emerging industry Economic growth point, the future prospects have also been widely optimistic, so much the world's attention and support.

In our country, the development of semiconductor lighting industry is particularly rapid in the recent five years. From the open data, the average annual market growth of 20% or more, the market competition has become increasingly fierce. Especially in the context of market globalization, foreign industrial giants such as Nichia, Toyota Chemical, Career, Philips and OSRAM have also become more prominent in controlling semiconductor lighting technologies, and the living space of SMEs is further compressed. Under such circumstances, intellectual property, especially patent rights, has become an important means of competition between parties.

The patent protection system originated in western developed countries and has become one of the most important protection methods of advanced industrial technology in many years of practice in developed countries like Europe and the United States. It is also one of the most important ways for multinationals to obtain excess profits. However, in our country, although the patent system has been established for many years, it is still relatively unknown to the general public. Therefore, when the international industrial giants block the patent, domestic enterprises, especially small and medium-sized enterprises, are often confronted with dilemma and powerless dilemmas.

First, the status quo of industrial technology and patent protection of Chinese enterprises

In our country, the semiconductor lighting industry has formed a complete industrial chain from the manufacturing of epitaxial wafers, chip manufacturing, packaging and lamps and other downstream applications. However, the core technologies of the semiconductor lighting industry, especially the middle and upper reaches, have not yet been developed Significantly improved, but only a small part of it has been protected by the patent. However, compared with this, most foreign industrial giants have successively completed the transition from technological accumulation to industrial expansion and realized leapfrog development. Most of these enterprises accumulated their technologies in the early stage through the patented way and achieved the protection in relevant technologies Patent cross-licensing and other means of preliminary completion of the industrial layout and the establishment of alliances.

In the face of pressing harder and harder by foreign industrial giants, many Chinese enterprises have also gradually realized the importance of intellectual property rights, especially patent rights, in enhancing technological protection and enhancing their competitiveness. However, in the aspect of using patent means for technical protection and market competition Still in its infancy, the future situation will be more severe under the blockade of the patent alliance by international industrial giants.

In recent years, the number of LED patent applications in mainland China has risen sharply, and the number of applications has surpassed that of the U.S. in the world. However, these patents are mainly concentrated in the middle and lower reaches of the semiconductor lighting industry chain, the middle reaches of the package, the downstream applications accounted for 64% of the total number of applications, of which LED applications accounted for about 43% of the total number of patents, The key technical aspects of the long-term development of the industry still lack core patents.

Judging from the current situation of patent applications and authorizations in China, although the number of applications for invention patents is still on the rise, the proportion of various types of patents is gradually decreasing and the authorization rate of invention patents is also accelerating. It can be inferred that the semiconductor The first wave of technological innovation in lighting industry technology is nearing completion. In the field of industrial technology, especially in the epitaxial wafers in the upper reaches, the original innovation in chip technology is more difficult and the speed of patent application and authorization is gradually slowing down. At present, R & D innovation is more focused on technological improvements, efficiency and yield improvement and so on. On the other hand, the number of utility model patent applications continued to increase, and the proportion of various patent types has remained at a high level. It is worth noting that most of these utility model patents are in the middle and lower reaches of the semiconductor lighting industry technology, that is, package light sources As well as semiconductor lighting applications, it can be concluded that with the growing semiconductor lighting market in our country, the application of technology downstream industries mature, all kinds of semiconductor lighting applications market to maintain rapid development momentum, not only in the alternative to traditional lighting fixtures to maintain development, But also to gradually penetrate to related applications, the corresponding research and development innovation will be more focused on the application side, focusing on the improvement of product details and the introduction of new semiconductor lighting products.

In all parties have been basically ready for technology accumulation and preparation, the current focus of the semiconductor lighting industry has shifted from technology research and development to the application market. Under increasingly intense market competition pressure, the patent will become an effective weapon for the patented enterprises to promote market development and fight against competitors. For those enterprises that have no patent reserves or patent ownership, Will face the risk of more and more being accused of patent infringement, and patents have become the sword of Damocles hanging overhead.

Second, the analysis of countermeasures under the pressure of patents

Intellectual property represented by the patent has become the competitive weapon of the large-scale enterprises in the contemporary era, especially in the high-tech fields with high profit value such as telecommunications and electronics . As far as the long-term struggle between Huawei and Cisco, the patent battle near Apple and Samsung , Fully reflect the value of intellectual property.

With the gradual development of the semiconductor lighting industry, the market competition is fiercer and fiercer. International giants such as Nichia, Philips, Career and Seoul Semiconductor have also used their patented methods to gain a foothold in the market. Recently, The temporary collapse of Nichia's patent war with Everlight Electronics indicates that in the rapidly growing emerging market of semiconductor lighting, patents will increasingly become powerful weapons for strengthening their own capabilities and cracking down on their competitors.

Faced with this ever-increasing risk of patent warfare, even companies that have a certain amount of patents and have some experience in patents need to be vigilant to deal with possible contingencies that may arise at any time. Generally, in the face of the risk of patent infringement, Chinese enterprises have the following possible choices:

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