LED patent applications: something is not

In the wake of the microelectronics revolution, semiconductor technology is giving birth to a new industrial revolution - lighting revolution. In 5 to 10 years, the use of light-emitting diodes (LED) as a new light source of solid state lighting, will gradually appear in the traditional lighting market every corner. Many of the world's largest lighting companies are optimistic about the market, a technology, talent and market competition has begun. In the face of this war without smoke, China must take measures to seize the commanding heights.

Patent status and problems

Semiconductor lighting industry in foreign countries started early, and the patent system was used skillfully. There is a big gap in the use and protection of the patent system in china.

1 patent status at home and abroad

The development of international space LED lighting technology is very big, but the core patents are basically a few big foreign companies, these companies use their own core patent, take horizontal (and entered a number of countries) and longitudinal (continuous improvement design, for subsequent applications) expansion type, layout patent network in the world. At present, the main countries and regions of the patent situation.

International patents on GaN based materials and devices have the following characteristics:

* the number of patents on GaN based materials is large, with a total of more than a few thousand, but most of them apply after 1990s.

* key patents are in the hands of the United States, Japan, Germany and other countries a few a few large companies such as Japan's hands, TOYOTA, Toshiba, Nichia, synthetic SONY, NTT, Lumileds, American Cree, German Osram company etc..

* the foreign companies attach great importance to technology patents, the key technology of GaN based semiconductor LED has been in the domestic or international patent application, the basic coverage from the substrate preparation and extension technology of core material, device design, pipe to all aspects of the design and application of package. Including substrate material, mismatch epitaxial low-temperature buffer layer, P type of GaN doping and annealing activation technology, high quality InGaN material growth and control technology, P type GaN/AlGaN superlattice with increasing hole concentration technology, GaN based LED transparent electrode technology. The patent is a breakthrough in the history of the development of high brightness GaN based LED, some patents are material growth and device manufacturing can not be bypassed.

Domestic patent status of GaN based materials and devices:

* our applicant fails to grasp the upstream core technology, the invention patent application quantity is less, mostly belonging to the peripheral technology, patent number of peripheral patent and downstream level is low, the effect pending cannot form a patent network. In addition, some applicants did not apply for patents abroad. This can not form a patent network layout, the absence of patent protection status quo, making China's semiconductor lighting industry intellectual property rights become the soft underbelly of industrial development.

* application time, China's semiconductor lighting in the field of the earliest application of the largest gap between the 24 years, the smallest also has 5 years, generally in about 10 years. In the upstream industry, the traditional technology such as chip electrode, dicing, packaging materials, epitaxial buffer layer, silicon carbide substrate, the largest gap between the time, generally in 15 to 20 years. Mainstream technology such as epitaxial contact layer, epitaxial layer, epitaxial quantum well technology, superlattice technology, gallium nitride substrate technology, chip microstructure technology, passivation technology, such as the difference of about 10 years. In the downstream industry, a difference of about 10 years. In addition, compared with foreign countries, China's lack of original technology, basically all patent applications are in the scope of foreign technical routes.

* China in the field of chip, packaging and LED applications and the direction of the application of foreign hot deviation. Such as the field of chips, China's patent applications do not involve foreign companies attach great importance to the chip shape technology, surface roughness, substrate stripping technology. Although China's patent application has its own advantages in the field of packaging, but in recent years, the more popular base and phosphor materials and foreign huge gap. The application field of patent applications in China has the advantage of application, indicating a relatively mature technology of landscape lighting, part of the application relates to display and traffic lights, but the technical branch of the international popular, such as LED lighting and backlighting applications rarely.

* the number of applications for invention patents in China is mainly concentrated in research institutes and colleges and universities, most of which are in the hands of individuals. Upstream invention patent applications concentrated in the Institute of Chinese Academy of Sciences, including semiconductor Institute, Institute of physics and Changchun Institute of Optics and physics. While the proportion of the enterprise has no more than 5% invention patents, utility model patents not more than 10%. This is very different from foreign companies to apply for.

2 problems in the use of patent system in China

First, the inappropriate use of the patent system. The core of the patent system is to use the technology to the public, with the monopoly power in exchange for a certain area and time, then the patent technology is easy to form a monopoly, is easy to defend determines the suitability for patent technology. Whether it is suitable to apply for a patent, when to apply for a patent, how to implement the protection of patent rights is an important aspect of the use of the patent system, we have a lack of these places.

Two is the scope of patent protection is not appropriate. Foreign patent applications, product claims are very broad, generally using functional limitations, or physical and chemical properties of the way to write. However, the rights of our country are often added to many non essential technical features. Although the protection of patent applications are the same, but the scope of the patent can be much smaller than the applicant.

Three is the use of the patent system