OFweek smart home network information summer solstice has passed, air-conditioning sales into the peak period, while the air-conditioning giants Gree and the United States but deep into the patent battle.
Zhuhai Gree Electric Appliance Co., Ltd. recently petitioned Guangdong Midea Refrigeration Equipment Co., Ltd. and Beijing Tianang Weiye Trading Co., Ltd. (the US distributor) to the Beijing Intellectual Property Court, claiming that the US “Refrigeration King†series air conditioners infringed its patent rights and claimed 50 million yuan. Yuan, and asked the defendant to destroy inventory, proprietary molds and equipment.
As soon as the case was exposed, various analyses and speculations followed. It is further reported that the plan of the United States counterattacked on this matter and it is likely that it will file 10 patent litigations against Gree. Both sides saw it and it was difficult to distinguish them.
Although Gree and Midea both hold a large number of patents, experts in the intellectual property sector have pointed out that Sina Finance [Legal] pointed out that both sides have room for improvement in the quality of patent writing. Rather than lawsuits, it is better to first improve the quality of their respective patents. In the future, patents may be mutually licensed.
A patented detonation warfare on the bottom of an air conditioner
According to the reporter’s understanding, the patent involved was a utility model patent with the name “panel bulging platformâ€. Gree Electric applied for a patent in April 2010 and was authorized in December 2010. Gree claimed that the world’s first U-shaped design of the air-conditioned indoor unit was used in the world of Gree’s “Almighty King†series and “U†series.
For this case, Gree told Sina Finance (French) that "at the end of 2016, Gree discovered that the US Refrigeration King Series products were allegedly infringed." Gree, after discussing with experts, said, "Based on the principle of comprehensive coverage of patent infringement judgments, the product features of Midea The characteristics of the patent claims were comprehensively covered, which constituted patent infringement, and then filed a lawsuit with the Beijing Intellectual Property Court, requesting that the infringement of the United States be established and a compensation of 50 million.â€
The United States responded to Sina Finance's [Legal], saying that “For the case of Gree suing the United States, Midea’s company has submitted a civil jurisdiction objection application, and the collegial panel is conducting further trials on the case. At present, the case has entered the legal process, and we are inconvenient to I believe that the law is fair and will protect the legitimate rights and interests of all people."
Gree’s utility model patents have unstable risks
Aunt Dougang and Xiao Zhe, lawyers of Guangdong Baodian Law Firm (referred to as ATC), told reporters after consulting the patents involved that Gree had the patent rights for the utility model, but it also faced risks. The size of the risk largely depends on the quality of the claim writing.
The two lawyers pointed out that in accordance with the relevant provisions of the Patent Law, Gree v. United States infringed its patent right for utility model disputes, Gree’s claim for utility model patents is an important basis for determining the scope of patent protection.
They further explained that “the most simple and common determination principle is how to determine whether the perpetrator infringed the patentee’s invention or utility model patent right. The principle of comprehensive coverage means that if the controlled product or method is infringed, then the product The method should have every technical feature described in the patent claim, and they are indispensable. In addition, the principle of infringement determination also includes the principle of equivalence, the principle of estoppel, the principle of public knowledge defense, and the principle of redundant designation."
However, since utility model patents have not undergone substantive examination and patent rights are unstable, they may be ineffective.
Therefore, "excellent claims can fully protect the patent right. On the contrary, the content of the lack of claims may bring unnecessary risks to the patent right." Two lawyers said.
Authoritative expert: Greemei's patents have room for improvement
According to the official website of the State Intellectual Property Office, Gree and Midea have thousands of patent applications related to air conditioners and other home appliances. However, Professor Wen Xu, a well-known lawyer in China's intellectual property industry and a chief partner of Guangdong Sanhua Huihua Law Firm, told Sina Finance [Legal] that he believes that both patents have room for improvement.
“The two enterprises of Gree and Midea, as far as we know now, are concerned with the degree of importance they attach to patent applications, especially the quality of patent writing.†Wen Xu pointed out that in foreign patent litigation, the plaintiff’s chance of winning Larger, but not domestic, this has a lot to do with the quality of domestic patent writing.
He believes that the intense competition for patents reflects the increasing awareness of companies in acquiring more market shares through intellectual property rights. However, companies must really rely on writing reliable patents to win the competition.
Wen Xu recommended that Gree and Midea learn from companies such as Huawei and Apple to license each other's patents. At the same time, improve the quality of the writing of its own patents and try to get patents into the scope of national technical standards. “If there are standard patents, then the two companies must talk about it (mutual license).â€
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