When domestic companies one by one fell into the patent traps of the multinational corporations, or they struggled or struggled desperately, some of the country's outstanding private patents were encountering unfavorable circumstances.

In March 2005, Beijing was sunny and the atmosphere of spring was full of the streets of the capital, but all this was not relevant to a businessman from Suzhou, Anhui Province. At this time, his heart is full of anxiety: the shop in the home has been closed, and the lawsuit does not know when to drag ...

This hurried businessman was named Jie Wenwu, who was one of the top ten patent figures of CCTV in 2002. The purpose of this visit to Beijing was to resolve the dispute over the use of "mobile phone automatic loss of patents" in connection with the alleged infringement of Haier Communications Co., Ltd.

In 3 years, it is enough to change the occurrence and results of many things. However, for the disadvantaged folk patent defenders, regardless of the outcome, the road to rights protection is the same, full of hardships and hardships.

Why is it so difficult for civil patent rights protection?

Haier pigeons lead to infringement disputes

The solution of Wen Wenwu's patented invention was not inspired by the moment, but was forced.

In 1999, Xie Wenwu’s dream of a career was completely pinned on Suzhou Superior Communication Electronics Co., Ltd. When he took care of it, he was sent off by a series of thefts. In early 1999, a mobile phone with a value of more than 40,000 yuan was stolen in the store. At the end of the year, a mobile phone worth 170,000 yuan was stolen again. In December 2000, he was also stolen at a counter rented by China Unicom.

The successive theft cases inspired him to anti-theft ideas from the perspective of crime clues. Thus, Wen Wenwu, who learned economics and management, has obtained electronic communications and more than a dozen books on patent knowledge, and he has devoted himself to researching and inventing a patent on the "implementation method of mobile phone automatic invisible dialing." He applied for a patent on December 19, 2001 and obtained a national invention patent on December 3, 2003.

After the invention of the anti-theft mobile phone technology solution, Jie Wenwu thought that all mobile phones were equipped with this anti-theft technology. As a result, he promoted to various domestic mobile phone manufacturing companies through various methods, and signed a patent general implementation license contract with Xiamen Xiaxin, Shenzhen Tianshida, and Hangzhou Eastcom's three domestic mobile phone manufacturers to license the invention.

"IT Times" reporter learned that Jie Wenwu's contact with Haier began at this time. In 2001, Jie Wenwu sent letters, e-mails, entrusted relatives and friends, and employees of Hefei Hefei Industry & Trade to a full range of invention technology solutions from Haier CCT (Qingdao) Communications Co., Ltd., the predecessor of Haier Communications Co., Ltd. today.

In May 2002, Xie Wenwu personally came to Qingdao to meet with Sun Xintao, manager of product management and planning of Haier CCT Communications Co., Ltd., and sent a full set of patent information. Therefore, he has repeatedly developed the technology of the company through telephone and email. Department of Jiang Minister, Zhang Xu, Wang Dongjie, Wang Dapeng, Wang Heng and other technical or related staff for technical exchanges and discussions. However, when things were eye-catching, Haier CCT Communications Co., Ltd. had no plans to implement the invention of Jie Wenwu because of the restructuring of the company.

But a strange scene happened!

In May 2004, Xie Wenwu accidentally discovered that a large number of Haier pigeon mobile phones with "smart anti-theft" functions suddenly appeared on the market. Jie Wenwu said: At the time, the Haier Pigeon series of mobile phones launched a full range of publicity in the market, and smart anti-theft was promoted as the main feature.

It is understood that this phone is Haier's largest production at the time, the best sales, the most popular mobile phone. "IT Times" reporter also learned in the interview, on the smart anti-theft, Haier launched in the previous 3600 mobile phones have this feature, only in the description of the function introduced, but there is no publicity.

After discovering this situation, in June 2004, Xie Wenwu again came to Qingdao Haier Communication Co., Ltd. and found Sheng Yan, a staff member of Haier Development Center, to point out the technical obstacles to the “smart theft” function of the mobile phone of pigeons and proposed improvement plans. The development center is able to improve its technology and legally use the patent for invention by making up the patent licensing agreement.

Things should be over this time, but beyond Wei Wenwu's imagination, Haier did not regard his proposal as one thing.

Haier shirks its responsibility and pulls Seltzer as a shield

Things happened again.

At the end of June 2004, Sheng Yan, a staff member of Haier’s development center, sent Jie Wenwu a “Patent Infringement Analysis Report” commissioned by China Chiron Communications Research Center Co., Ltd. to Beijing Jijia Intellectual Property Agency Co., Ltd. According to Jie Wenwu, in this report, CLP Dragon's patent application documents (name: method of binding mobile communication terminal and user identification module) called "CLP Dragon's patent application technology does not violate the solution. Wenwu's patent rights."

Things happened so fast that Wen Wenwu was blinded. After he was sober, he immediately found Sheng Yan. Sheng Yan told Jie Wenwu: “The Haier Pigeon Mobile Phone is entirely based on the technical methods documented in the patent application documents of CEC Dragon.”

Interpretation of Sheng Yan, Xie Wenwu was very dissatisfied. Jie Wenwu told the reporter of “IT Times”: “The technical features of Haier’s 'smart anti-theft' feature are the same as my patents in the patent analysis report filed by CEC.

In early August 2004, in order to obtain a statement, Jie Wenwu once again came to Haier Communications and pointed out to a staff member of Sheng Yan and the General Department: “The company’s invention was changed by CEC Dragon and it was in a technical feature. It is inconceivable that it deliberately deteriorated and applied for a patent."

Xie Wenwu said that according to the "Patent Law" and related laws and regulations, both the CETRON patent application technology and the "smart anti-theft" of Haier Pigeon mobile phones fall within the scope of his patent protection rights. From a legal point of view, Haier Communications is directly responsible and CEC Dragon is indirectly responsible.

In order to prove whether the patented technology applied by Haier constitutes infringement, Xie Wenwu found Beijing Oriental Yisi Intellectual Property Agency Co., Ltd. and entrusted him with the analysis and demonstration.

After investigating the investigation, Beijing Oriental billion Intellectual Property Agency Co., Ltd. found that Haier mobile phone did infringe. And issued a "Legal Opinion on the Issues Related to Patent ZL01802972.8", which discussed the technical features of Haier's pigeon mobile phone "smart theft" and the technical characteristics of Xie Wenwu's patent, clearly indicating that the anti-theft solution of Haier's pigeon mobile phone is correct. Solve the change of Wen Wuwu's patent's independent claim. The submission further pointed out that even if Haier adopted the technical plan described in the patent application document of CEPT, it still falls into the protection scope of the authorized Wenwenwu patent.

At the end of September 2004, Xie Wenwu forwarded the opinions of Beijing Oriental Billion by email to Sheng Yan of Haier Communications. Sheng Yan quickly responded and said that the technical solution claimed in Jie Wenwu's patent book is not the same as the actual technical plan of the carrier pigeon. CE Dragon is responsible for providing intellectual pigeon mobile software partners.

Haier once again pushed its responsibility to CEC Dragon.

According to Xie Wenwu, Haier has repeatedly contacted the responsible person on business trips and meetings to avoid contact with him. Under the repeated procrastination of Haier, Jie Wenwu went to Beijing to sue his most respected ethnic enterprise Qingdao Haier to the Beijing No. 1 Intermediate People’s Court.

The IT Times reporter repeatedly contacted Haier to verify the matter, and Haier repeatedly gave no explanation. In the end, his cultural center responsible for external propaganda gave the answer: “This matter has entered the legal process. Express your opinion."

Where does CEPT's patent come from?

In the case of Jie Wenwu’s prosecution of Haier’s mobile phone infringement, all of the focus came from the same company—Celong. It is understood that the predecessor of CEC Dragon is the China Eastern Communications Research Center and is a subsidiary of China Electronics Group.

Then, where did the patent of CEC Dragon come from? According to reports, Wen Wenwu, mainly because he has not yet obtained the national patent authorization, has caused misfortune to other companies.

"IT Times" reporter learned from the interview that in the second half of 2002, Xie Wenwu came to the China Eastern Communications Research Center on the 10th floor of Zhongdian Information Building, No. 6 Zhongguancun South Street, Haidian District, Beijing. The full set of patents for inventions was handed over to Liao Zhonghua, and also with Liao Zhonghua by telephone, hoping to promote the patents to the company through CEC.

It is understood that Jie Wenwu obtained national patent authorization in 2003. However, given that he had not obtained the national patent authorization, Xie Wenwu sold the technology he had invented to various companies. During this time, Xie Wenwu also filed an international application of the PCT (International Patent Organization) and passed. Therefore, Xie Wenwu canceled the domestic patent application requirements.

After learning that Wen Wenwu canceled patent applications in China, CEC Dragon began to research "smart anti-theft" patents.

On July 1, 2003, CEC Dragon Racing filed an application with the National Patent Office. The name is "the method of binding the mobile communication terminal with the subscriber identity module" but it has not obtained the national patent authorization.

Jie Wenwu was informed that CEC Dragon did not only use its own patented technology, but also was preparing to apply for a patent. In October 2004, it came to Beijing CITIC Dragon for the second time, hoping that the company could improve the above mobile phone. Software, and can cooperate with the company in the intellectual property rights regarding mobile phone theft report.

However, Wen Wenwu's beautiful wish once again failed. He waited for a meeting with CEC Dragon Racing at an appointment to meet in advance, but he did not see the company's head in the morning. Weng Jing, assistant to the legal department of CLP's legal department, stated that once the mobile phone module involving mobile phone anti-theft functions is completed, the company will no longer develop mobile phone anti-theft features. He hopes that the plaintiff will not stop chaos.

Jie Wenwu had to embark on the road to legal rights protection. "IT Times" reporter learned from the Beijing Intermediate People's Court that it is expected that the lawsuit will soon open.

However, the reality is that few patent disputes have occurred between numerous private inventors and companies. The reason for this is mainly that lawsuits involving intellectual property take too long. In contrast to the wealth of the company, individuals are simply unable to afford it, often winning the lawsuit to accompany the capital.