The patent system is the product of a certain historical stage. It emerged and developed with the development of the commodity economy. After the seventeenth century, the emergence of modern large-scale production and the rapid development of the commodity economy made advanced science and technology play an increasingly important role in social production, and new technology became one of the most effective means of competition. On the one hand, the owners of new technologies require legal means to protect their new technologies. On the other hand, society requires the owners of new technologies to disclose their new technologies to the society as soon as possible to avoid duplication of research and development, promote the development of science and technology, and enable New technologies are more widely used in social production and promote social and economic development. Under these historical conditions, the patent system has developed extensively around the world. The basic content of the patent system is that the inventor discloses his completed invention to the public in accordance with the law, and the society gives the inventor the exclusive right to the invention for a certain period of time. It can be seen that the patent system was created and developed under the conditions of adapting to the needs of inventors and society. The history of the patent system for more than 300 years has proved this point with sufficient facts: the patent system is an important legal system that promotes technological progress and thereby promotes the rapid development of the national economy. Specifically: the first is to encourage technological innovation activities; the second is to provide legal protection for new technologies to be successfully applied to industry and enter the market; the third is to promote the disclosure and dissemination of the latest technological knowledge.

Taiwan w is in the number After the decriminalization of patent infringement two years ago, all patent infringement issues have changed from criminal litigation to civil litigation, which means that at most it is only monetary compensation, and because when claiming compensation, the complainant has the obligation to provide evidence, so that The protection of patents seems not to be as strong as imagined, so a well-known patent senior put forward the "theory that patents are useless", which aroused widespread response. I think that the seniors must have been inspired by the patent laws at that time. Incompleteness, or the connotation of deep love and deep responsibility, is often used as a reference by many new patent practitioners as to whether to join the patent portfolio. It is also a good chat topic for patent veterans after dinner, but there are also inventors who do not use it as a reference. It is a pity to hesitate and fail to take patent protection measures for one's own inventions and creations in a timely manner, resulting in losses; and in the discussions of some senior scholars, there is often the so-called "one good patent is better than many small improvement patents" , I deeply agree with this sentence, but I must add later that if the company does not have good high-quality patented inventions for the time being, filling it up with a few small inventions is still a powerful tool for growing the company in the future, and it is also the basis for patent layout. .

In fact, the significance of small inventions in terms of patent layout cannot be ignored, and they often play a decisive role, with the following Go-like effect. A few key people can conquer the city and gradually encroach on the technical field. Whale swallowing, a "many but useful" patent group, can form a fortress internally and build your own patent city; externally, it can be used as a pocket tactic in the patent layout, or form an obstruction wall to prevent others from easily expanding it. The integrity of the patent map; for dispersed patented technologies, if they are in the middle of other people's patent groups (missing points in the scope of other people's patent applications), it can also have the effect of weakening the opponent's patent strength. And unlike Go, that The chess piece will not be eaten by the opponent unintentionally; from this perspective, the benefits of obtaining a patent have two meanings: one is to passively expand one's patent territory, of course, high-quality patents are the best; the other is to actively expand one's patent territory. Find gaps in other people's high-quality patents and turn them into your own patent points. No matter how big or small the patent points are, as long as there are many, you can achieve the effect of cooperation or checks and balances with the other party. At this level, the company must develop its own patent points. Brand, I am afraid that applying for most patents is still a necessary step.

Hitachi's famous saying: "Patents" are valuable. As long as the company uses the patented technology, the patent is valuable; then when will the maximum value of the patent occur? The greatest value of a patent will occur when "competitors or other users in the same industry have no choice but to use the patented technology!"

The Taiwan Industrial Technology Research Institute, which has abundant patent output, is in the data Years ago, many valid patent rights began to be sold off, and many manufacturers competed to bid. For the sales of a large number of patent rights, ITRI "packaged" several patents of the same nature into one unit and sold them at the same time, which could also achieve considerable profits. , so a large number of patents are still profitable.

In addition, when two competitors have a patent dispute, the best outcome is often mutual sharing of patent rights between the two parties. Although there is still some amount of compensation on the surface, it can still reach The goal is a win-win situation, and when you want to go to the negotiation table, if the number of patents is not large, the momentum will be much worse, and maybe Party A’s small patents can just hit the important key points of Party B’s products, so blindly thinking that too many patents are I personally think that the situation may not be so sad if it is "just a fake" or "unfair". Of course, although the patent rights for outdated products have not expired, giving up voluntarily can be regarded as a way to save the company's expenses. That is another level. Question, not much comment here.

Therefore, even if it is a creation completed with low technical means, according to the current patent law, it is still possible to obtain a (utility) model patent through formal examination. Many people think that it is of little use, but As long as the product is still on sale, it is still unclear whether there is still room for negotiation or transfer. This is where intellectual property practitioners can play. Therefore, you may wish to carefully consider the decision between retaining the patent and deleting the patent.

I have met many business owners who thought that their customers (buyers) had established long-term transactions and had good friendships with each other, so they thought that patents were no longer necessary and gave up on them. However, when the patent case was determined to be invalid, other businesses came to purchase the patent with royalties, and many trading opportunities were suddenly lost; and after the patent rights were given up, a large number of small factories continued to produce low-priced and low-quality objects. It will disrupt the original market conditions and harm its own interests. In this way, it is self-evident whether the patent is useless or useful.

If my answer is helpful to you, I hope you can adopt my answer, thank you!