Mercury-free batteries 8 years behind the interests of the patent is invalid Game

I believe attention to the cause of the development of China Battery readers still remembers how, early in 2006 in a remarkable message: After careful trial, the Beijing High Court on the new Leader Battery Co., Ltd v. National Patent Reexamination Board to make a final ruling that the case: the trial decision error of fact, the appellant the new Leader’s main grounds of appeal set up to support his appeal request to revoke the first-instance ruling and the State Intellectual Property Office of Patent Reexamination Board’s decision to maintain the name “mercury-free alkaline New Zealand-shaped batteries” , Patent No. 01,234,722.1 the utility model patent valid. See the news readers sigh of relief, thinking that this means that in China, and the world the battery has an important significance in the history of mercury-free button the dust has settled patent ownership of China’s mercury-free Dell LATITUDE D520 Battery development will move toward a virtuous development. However, the surprise is that this began in 2002, the final nail on the controversy over the end of 2005, but it is far from over, in the next four years, still in the endless continuity. 8 years, three lawsuits, two to reverse the verdict, but ultimately did not reach a conclusion, should have the benefit of all inventions, but until now hanging in the air, not only failed to bring to the enterprise in the interests of the imagination, but will be a drag the burden of its development, the desolate Jiaoren Nankeyimeng can not help but distraught. Why is a clear structure and determined that a clear, meaning an important inventions will lead to so many intertwined? What exactly has hidden behind this hidden secret that something? Mercury-free batteries is very important to mankind, because of mercury products, including the threat of mercury batteries inside the health of people around the world. It is reported that a New Zealand-style micro-mercury alkaline batteries can be contaminated water is 600,000 liters, equivalent to the amount of drinking water a person’s life. Although in 1995, the United States and Europe have issued a ban on the sale of mercury-containing batteries with the relevant provisions, clearly defined, alkaline zinc-manganese batteries can not be added mercury and mercury content of no more than 0.0005% of total cells, but because the world has no technology can produce mercury-free button batteries, button cells can only allow mercury content of no more than 2% of the total mass of the battery. The export volume of China’s battery has been for several years accounted for more than half of the total international battery. Keeping with international standards, in 1997 the Chinese government issued “on the limitation provisions of mercury batteries” and other series of measures. China’s battery industry in a short span of two or three years, research on the adoption of technology to solve the mercury-free alkaline zinc-manganese batteries the issue. However, the face of ever-increasing amount of button batteries, the world without a corresponding solution. In other countries, more than a decade in Japan and the United States, Europe and other well-known battery manufacturers of mercury-free button cell mercury-free overtaken by a large number of studies. However, there are technical problems are not resolved, there is no one company can successfully produce mercury-free alkaline button batteries, resulting in the global market has been the use of mercury-containing alkaline button batteries. Button cell 1 billion each year by the production and use, so that China and the rest of the world people are still faced with the danger of mercury exposure. The battery industry finally came good news. Mercury-free button batteries after numerous failures, the new Leader Battery Co., Ltd was finally in 2000, the initial success. October 3, 2002, the new Leader for the “mercury-free alkaline button batteries” utility model patents successfully been authorized. In order to avoid patent issues encountered in overseas markets in the first time, the company again sync in the United States, Germany, Britain and other EU countries have applied for a number of the patent. As a long time in the world coin battery industry has been plagued by excessive mercury content, although many well-known companies before in the field research breakthroughs, but did not succeed. Therefore, the first one to eat crab new Lida was in the hands of the right to speak in this industry. In accordance with the then estimated that if the day of the production budget of only non-Ersanqianwan button cell, then a month’s output is 7-10 million. There is also a month’s output of more than billion yuan, the new company plans IPO Leader, developed into a million or more large enterprises. Clearly, this is a huge market. At home and abroad, production is not a new coin battery Lida an enterprise, while facing the new Leader of the invention, apart from the envy of some of our competitors, there is also a trace of worry: because the current New Leader has applied for a patent, it also mean that the only new Leader, or the right to possess the technology to master, then in accordance with regulations, and other competitors can only stay away from this piece of a broad market. In order to obtain this piece of the market, individual infringer, drilling the legal loophole, the use of patent reexamination system, make the patent invalid request, would like to eat the inventor of the patent free of charge. New Leader on the market soon found a large number of simulated mercury-free button batteries, and took away a lot of customers. Even stranger things yet to come. On the new Elite has not taken measures to safeguard their own legitimate rights, infringing enterprises blame to the national patent for a new Committee on Lida patent invalid request. Request to annul the new Leader of patents a company in Guangdong. Cylindrical type batteries that since as early as 90 years in China had realized the mercury-free technology, the new Leader of the button cell shape change though, but the principle has not changed is the compaq 204263-001 laptop battery able to think of the field of technical staff in general and to do technology. The new Leader of the patent is obviously not creative. An application declared the patent invalid. In order to give in is the new Leader in 2003, in March, infringing the company’s head has engaged the person in charge to meet the new Leader. Stress required to share the patent with the new Leader, otherwise the application for a patent invalid, to become public knowledge technology, which means that any one company can be involved in this market. “Your patent is an antique vase, this is very valuable antiques, you cooperate with me, free me half of the value of the antiques are still, you still have half, but if co-owned with my, I have the ability to play this antique broken, it is not worth a penny. ” Each other’s unreasonable demands and threats of new Lida was immediately refused, as the new Leader firmly believed that his inventions will be patent law should be protected. However, the result was unexpected. In May 2004, the State Intellectual Property Office, the Patent Reexamination Board with a new patented product Lida button cell structure and has no substantive difference between the structure and its mercury-free alkaline manganese battery technology and cylindrical similar as the basis, so out a declaration of “mercury-free alkaline button-shaped batteries” utility model patent is invalid decision. The outcome, the new Leader’s dissatisfied, then to the Beijing Municipal No. 1 Intermediate People’s Court proceedings, the Patent Reexamination Board to court. However, the Court of First Instance is still admissible criterion of the Patent Reexamination Board made a decision to maintain the patent invalid. Then again stress patent infringer of people have signed an exclusive patent license contract for free, such as signed by the infringer also have this patent, can guarantee that the patent valid, do not sign the formal null and void. Patentee refused, then hit the Beijing High Court lawsuit. After careful trial, December 20, 2005, the Beijing High Court made final: it removes the first-instance ruling and the State Intellectual Property Office of Patent Reexamination Board’s decision to maintain the name “mercury-free alkaline button-shaped batteries”, Patent No. bits of the utility model patent for the 123,456,722.1 effective. A dramatic scene appeared, in the High Court of Final Appeal ruling, the infringing party to launch a second invalid undo the action, but the applicant changed to the secretary of the company’s CEOs. So in the next three years, the new Leader had to repeat the previous process until August 22, 2008 the Beijing Municipal Higher People’s Court again rejected the Patent Reexamination Board, as well as a Beijing Intermediate People’s Court’s decision. China has an old saying called Shibuguosan. However, it appeared to be very persistent opponent. In 2008, the infringing party has repeatedly brought back to the Patent Reexamination Board invalid. Shocking in June this year, the Patent Reexamination Board to determine the third time the patent is invalid. Lida that the new mercury-free technology is the cell area of general and technical personnel in Japan, the technical basis of unsuccessful easy to think of technology, there is no creativity, now the new Leader has been to the Beijing Municipal Intermediate People’s Court proceedings. As a blank to fill in the world, to bring the Gospel to the world of environmental protection, giving Chinese companies opportunities invention, it has experienced eight years of marathon litigation. Year after year, the lawsuit should have not only failed to bring benefits to the inventor, but has become a burden at all times Jiaoren lazy. At the same time, in the endless litigation under the influence of the development of enterprises greatly damage. Due to the adverse effects of litigation, making the market a new image of Lida affected, more than 50% of orders have been infringed away, product prices fell more than 30%, resulting in the profit is very low. The new Leader of the dream do not know when the listing can be achieved. The competitors have a new Leader malicious invalid patents obtained in the course a lot of benefits, the business seems to have done in full swing. In an appearance of legitimacy from the patent is invalid case, we can not help but send questions: Who will protect the rights of the inventor? For this case, some experts believe that market competition is a double-edged sword, bringing vitality to the market at the same time, it also brings risks. Without the constraints of the disorderly competition will not only upset the market, and even the market will bring disaster. And because a number of legal measures, imperfect, leading some people have an opportunity infringement, in order to seek their own selfish desires at the expense of relationships and the use of means of coercion to eat the patentee’s patent, really daunting! apple a1045 laptop battery industry believe that the Chinese a leading global, the world’s major contribution to environmental protection technology is a patent can not be established to make the reasons for invalidation of the three-day decisions, leading to ownership of independent innovation of enterprises received only eight years, the patent is invalid Dabu Wan lawsuit, infringement, unless the long-term large-scale infringement, even more terrifying is the franchise you want to eat like triad means, so that one would have a bright future development of enterprises, the gradual loss of competitiveness. SIPO Patent Reexamination made by members of the three-day review of the decision null and void, you can act against each other with the Court, but not appropriate departments to monitor, and now there is corruption in society, culture, hope that the Central and the State Council leaders will pay attention to this innovation intellectual property rights have been three-day non-normal conditions is invalid, Save China’s own innovative enterprises. (Xinhua)