I believe that attention to the cause of development of players of China battery still remembers how, in early 2006 in a remarkable message: After the trial of care, the Beijing High Court’s new chief Battery Co. , Ltd. v. National patent review board for a final decision that the case: the trial decision error of fact, calling the main reasons the new head of claim put in place to support his appeal to quash the decision at first proceeding and the State Intellectual Property of the review decision of the Patent Board to keep the name “mercury-free alkaline New Zealand in the form of batteries”, Patent No. 01,234,722.1 utility model laptop battery patent valid. See news readers sigh of relief, thinking that this means that China and the world of the drum has an important significance in the history of mercury free button the dust has settled patent ownership of mercury in China, development of the battery without moving towards a virtuous cycle development. However, the surprise is that it started in 2002, the last nail on the controversy over the end of 2005, but it is far from over, over the next four years, always in endless continuity. 8 years, three trials, two to reverse the verdict, but ultimately not reach a conclusion, should benefit from any inventions, but until now hanging in the air, not only failed to make the company the benefit imagination, but will be a drag load of development, desolation Jiaoren Nankeyimeng can not avoid trouble.
Why a clear structure and defined as clearly understood as an important inventions will lead to so intertwined? Exactly what was hidden behind the secret hiding something? Mercury-free batteries is very important for humanity, because products containing mercury, 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 by water is 600,000 liters, equivalent to the amount of water, the life of a person. Although in 1995 the United States and Europe have issued a ban on the sale of mercury-containing batteries hp 361742-001 battery , hp 371785-001 battery with relevant and clearly defined, alkaline zinc-manganese batteries can not be added to the mercury content Mercury is more than 0.0005% of the total number of cells, but because the world has no technology can produce mercury free button batteries, button cells can not allow the mercury content is more than 2% of the total mass of the battery. The export volume of China’s battery has been for several years have represented more than half the total battery international. According to international standards, in 1997, the Chinese government issued “on the limitation provisions of mercury batteries and other series of measures. The Chinese battery in a short space of two or three years, research on the adoption of technology to address mercury, zinc-free alkaline manganese batteries in question. However, the face of ever increasing amount of button cells, the world without a corresponding solution.
In other countries, more details ‘a decade in Japan and the United States, Europe and other well known manufacturers of mercury-free batteries, mercury free button cell surprised by a large number of studies. However, there are technical problems are not resolved, no one company can successfully produce mercury-free alkaline button cell, resulting in the global market has been the use of mercury-containing button cell alkaline. Coin 1 billion each year the production and use, so that China and the rest of the world, people still face the risk of mercury exposure.
The battery industry has finally come good news. Mercury button batteries free After many failures, the new Head Battery Co., Ltd was finally in 2000, the initial success. October 3, 2002, the new head of Mercury “without alkaline button cells” patents for utility models successfully authorized. To avoid problems patent in overseas markets in the first time, the company again sync the United States, Germany, Great Britain and other EU countries have requested patent number laptop ac adapter. As much time in the industry worldwide coin battery has been plagued by excessive mercury content, although many known companies in the advances in the field of research, but failed. Therefore, the first person to eat crab new Lida was in the hands of the right to speak in this industry. According to what was then considered that if the day’s production budget not only Ersanqianwan battery button, the output of a month is 7-10 million.
There is also an output for another month of billions of yuan, the new company IPO Leader, developed in one million or larger companies. Obviously, this is a huge market. At home and abroad, production is not a battery of new plays Lida company, while facing the new chief of the invention, apart from the desire of some of our competitors, there also a trace of worry: because the current New Leader has applied for a patent, it also means that the only new leader, or the right to possess the technology to master, then, in accordance with regulations, and other competitors can stay away from this part of a vast market. To obtain this piece of the market, individual offender, drilling the legal vacuum, using the system for review of patents, making the patent invalid, would eat the inventor of the patent for free. New Leader on the market soon found a large number of simulated mercury-free button batteries, and carried a large number of customers. Even more strange things to come. On the new elite has not taken steps to safeguard their own legitimate rights, violating companies blame on the national patent for a new committee on Lida patent invalid. Request to cancel the new head of patents a company in Guangdong. Cylindrical batteries that since as early as 90 years in China had realized the mercury free technology, the new leader of a button to change if the cell, but the principle has not changed is the battery capable of thinking about the field of technical staff in general and to technology. The new head of the patent is obviously not creative.
An application has declared the patent invalid. To give in is the new leader in 2003, in March, breaking the head of the company hired the person in charge to meet the new leader. The stress required to share the patent with the new leader, otherwise the patent invalid, the technology to become public knowledge, which means that any company can be involved in this market. “Your patent is an antique vase, it is valuable antiques, you cooperate with me, deliver me half the dell ac adapter value of antiques are still, you still have the half, but if co-owned with my I can read this old broken, it is not worth a penny. ” Each requires the other, searches and threats of new Lida was immediately rejected as the new leader is firmly convinced that his inventions are patent law should be protected. However, the result was unexpected. In May 2004, the State Intellectual Property Office, the Patent Review Board with a new patented product Lida button cell structure and has no substantive difference between the structure and mercury-free technology alkaline manganese and cylindrical similar to the base, so a declaration of “mercury-free alkaline button-shaped batteries, patent utility model is the decision invalid. The result, the new leader of the procedure dissatisfied then to the Beijing Municipal No. 1 Intermediate People’s Court, the Patent Review Board before the courts. However test, the Court of First Instance is still valid, the Patent Review Board decided to maintain the patent invalid. Then again emphasize patent infringer people have signed an exclusive patent license for free, such as signed by the offender also have this patent, can not guarantee that the patent valid, do not sign formal nullity and void . patent holder has refused, and then press the continuation of the Beijing High Court. After the trial Attention December 20, 2005, the High Court of Beijing made final: it removes the decision at first instance and the State Intellectual Property the reconsideration decision of the Patent Board to keep the name “mercury-free alkaline button-shaped batteries”, Patent No. bits patent utility model for effective 123,456,722.1.
A dramatic scene appeared in the High Court of Final Appeal decision, the offender to launch a second invalid cancel the action, but the applicant has changed the secretary of the CEO of the company. Thus, in the next three years, the new leader had to repeat the previous operation until August 22, Municipal Court of Beijing in 2008, the Higher People again rejected the Patent Review Board, as well as a popular means Beijing Court decision. China has an old saying Shibuguosan. However, it appeared to be highly persistent opponent. In 2008, the offender has repeatedly reduced to reviewing the Council’s patent invalid. Shocking in June of this year’s review of patents Council to determine the third time that the patent is invalid. Lida that the new hp laptop ac adapter mercury-free technologies is a unit of general staff and technology in Japan, the technical basis of unsuccessful easy to think of technology, there is no creativity, now the new leader has been the procedure Court of Beijing Municipal Intermediate People. As a gap to bridge in the world to bring the Gospel to the world of environmental protection, giving Chinese companies opportunities invention, it has been eight years of litigation marathon. Year after year, the trial should have not only failed to bring benefits to the inventor, but has become a burden at any time Jiaoren lazy. Meanwhile, in the endless litigation under the influence of business development greatly damage. Because of the adverse effects of litigation, which makes the market a new image of Lida affected more than 50% of orders were violated there, commodity prices dropped over 30%, the profit is very weak.
The new leader of the dream do not know when the list can be reached. Competitors have a new leader malicious invalid patents obtained through numerous benefits, the company seems to have been booming. In an appearance of legitimacy of the patent is invalid if one can not help but send questions: Who will protect the rights of the inventor? In this case, some experts believe that market competition is a double edged sword, bringing the vitality of 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 lead to disaster. And because a number of legal measures, imperfect, leading some people have a possibility of wrongdoing, to seek their own selfish desires at the expense of relationships and use coercive means to eat patent holder’s patent, really discouraging! Battery industry believe that the Chinese a world leader, a major contribution to the world technology environmental protection is a patent may be put in place to give reasons for invalidation of the decision three days leading to ownership of independent innovation of enterprises received only eight years, the patent is invalid continuation Dabu Wan, offense, unless the long-term large-scale infringement, even more terrifying is the franchise you want to eat like means triad, so we have a bright future for business development, the gradual loss of competitiveness. SIPO patent review camcorder battery, camcorder batteries done by members of the three examination days of the decision null and void, you can act against each other with the Court, but the departments do not fit to be checked, and now there is corruption in society, Culture, hope that the central leaders of the State Council will give attention to this innovation intellectual property rights have not been three days under normal conditions is invalid, Save China’s own innovative businesses.