LED patents in the field of global patents more than 120,000, the core patent mainly in the hands of foreign enterprises, Chinese enterprises in technology and patents behind the foreign enterprises. To LED front, for example, the current domestic authorized about 470 epitaxial patents in more than 350 is the application of foreign enterprises, domestic enterprises to apply for authorization only about 110, and some of the utility model patents. China has authorized the chip patent in about 7 percent in the hands of foreign enterprises, domestic enterprises accounted for only 3 percent. The lack of patent technology makes the domestic LED industry is faced with how to carry out patent defense, to avoid patent risks and a series of issues.
White LED because of its energy efficient, green and other characteristics caused by the lighting field of the third revolution, the current LED field formed with five leading factories, South Korea, China Taiwan enterprises followed, the Chinese enterprises gathered in the middle and lower reaches of the industry pattern. White light usually can be divided into single crystal and polycrystalline way, no matter what the way, the chip is essential, so the LED chip intellectual property is very important. At the same time, due to the current mainstream white light to achieve more programs using chip plus phosphor to achieve, so white LED intellectual property is mainly concentrated in the chip and phosphor two aspects.
First, the white LED chip intellectual property profile
Manufacturing a white LED chip mainly includes the substrate, buffer layer, epitaxial (functional layer, especially the light emitting area), chip manufacturing, electrodes and so on. The mainstream substrate material for sapphire and silicon carbide, sapphire substrate technology developed by Nichia Chemical, silicon carbide substrate technology developed by Career. Nichia Chemical Sapphire Substrate Patent JP2632239 (92.06), JP2795294 (93.04), etc., these patents are only in Japan to apply for a patent, not in other countries and regions with the same family applications. From Japan's sapphire substrate patent layout, the use of sapphire outside the region to do the substrate itself does not constitute infringement. Career Silicon carbide substrate technology core US5631190 and so on in China have the same family of patents, so the use of silicon carbide substrate infringement risk. At present, the development of silicon substrate technology by the attention of major enterprises, the domestic technology in a certain accumulation of patents, the development of technology to domestic enterprises to avoid the risk of intellectual property has a certain significance.
Buffer layer materials generally have AlN buffer layer, GaN buffer layer, SiNx buffer layer, with the corresponding core patents were JP2000124499, JP7312350, EP1111663, the first two materials only in Japan have a patent application, the latter in Japan, the United States, Europe, South Korea, and China Taiwan have patent protection, but there is no patent in mainland China. Others such as multi-buffer layer technology in the United States, Europe, Canada, Australia have patent protection in China and no family patent; superlattice block dislocation technology in the United States, Japan has a patent protection, no patent in China; suspension extension technology In the United States, Europe, Japan has a patent protection, China has no patent with the same family. It is noteworthy that the lateral extension of the growth technology in China has the same family of patents, therefore, in the buffer layer materials, the Chinese market to use the above materials do buffer layer patent risk is not. The main buffer layer technology did not apply for a patent in China, so the technical field of intellectual property risk is not.
Epitaxial functional layer in the core area of the patent in addition to Nichia Chemical single quantum wells EP1189289, Career's use of non-doped carrier confinement in China has the same family of patents, the other such as ordinary double heterojunction Quantum wells, square quantum wells, trapezoidal quantum wells, triangular quantum wells, and asymmetric quantum wells. The active layer and the p-type layer are added between the buffer layers, and the multi-quantum barrier (MQB) is used as a carrier confinement layer. In China to apply for the same family of patents. In the extension, the domestic enterprises will face a certain degree of intellectual property rights, but because the alternatives are so little problem, as long as attention should be avoided should avoid this problem.
Chip manufacturing is the most serious problem faced by domestic enterprises in the field of intellectual property rights, the international LED core manufacturing patent in the US company's US5631190 and OSRAM's US2002017652 in China have the same family of patents, the use of these patented technology is extremely risky. Others such as US6538302 and other core patents in China without the same family to apply, the use of these patented technology patent risk is not. Other not in China to apply for the same family of core patents are WO03026029, US2003015708 and so on. Therefore, in the field of chip manufacturing, domestic LED chip manufacturing enterprises will face a greater patent risk, domestic enterprises should do a good job in the field of patent early warning analysis, and do the appropriate to avoid design, to avoid patent infringement.
In the electrode, the Japanese enterprises to obtain more patents earlier, Nichia Chemical's core patent EP0622858 in China have the same family of patent applications, the patent of the same family in China formed a patent by the nine components of the huge population, so In the electrode and ohmic contact materials, Nichia Chemical formed a very effective protection circle, domestic enterprises will pay attention to it will constitute a slight infringement. Japan, another patented technology in this area more than the patented technology Toyota synthesis patent group JP10135515 and Lumileds US6526082 in China are not the same family, so domestic enterprises should learn from the above in China without the same patent technology, the formation of effective avoidance The There is a certain degree of patent risk in the electrode, but as long as attention to avoid, the patent is not a big problem.
The domestic LED chip intellectual property risk focused on the chip manufacturing, other such as substrate, buffer layer, epitaxy, electrode and so on because the international core patent does not apply in China with the same family, or alternative patent does not apply in China for the same family and other reasons small.
Second, the white LED phosphor overview of intellectual property rights
Overall, the white LED phosphor patented technology mainly in Japan, Toyota synthesis and some other major foreign enterprises in the hands. At present, only a small number of domestic enterprises such as rare research and development of rare earth, Jiangsu Bo few few can provide a patented phosphor.
Early patented phosphors such as YAG powder and LuAG powder are patented by Nippon Nichia Chemical Co., Ltd. Patent Number: US5998925, Priority Day: July 29, 1996. TAG powder patent for the German OSRAM all, patent number: US6669866, priority date: July 23, 1999. More than the patent until 2017 to expire.
Silicate phosphors and the like, and the earliest patent of the orthosilicate phosphor is General Electric filed U.S. Patent No. 6429583 on November 30, 1998. Subsequently, OSRAM, Germany, applied for SrBaSiO4: Eu2 + patent, U.S. Patent No. US7064480, with priority date of July 28, 2000. Then, the German Blaitong root fluorescent lamp factory, the Japanese Toyota synthesis and the Austrian sharp high application for the orthosilicate phosphor containing Sr, Ba and Ca, U.S. Patent No. 6809347, issued on December 28, 2000 The Sr3SiO5: Eu2 + patent was first seen in the Korea Chemical Industry Institute patent application, the United States Patent No .: US7045826, the priority date of March 28, 2003, more than a large number of silicate phosphor to 2018 years after the patent expires The At present, several major silicate phosphor enterprises have formed B.O.S.E patent family.
Nitrides and nitroxide phosphors are currently hotspots. The earliest nitride phosphors are patented in European Patent EP1104799 filed on November 30, 1999 in Osram, Germany. Subsequently, the National Institute of Materials Science of Japan applied for a patent for Sialon Phosphor, U.S. Patent No. 6,632,379, and priority date was June 7, 2001. Subsequently, the European OSRAM applied the MSi2O2N2: Eu2 + (M = Ca, Sr, Ba) patent on September 24, 2002, patent number EP 1413618. On February 27, 2004, Japan's Tonghe Mining (DOWA) applied CaAlSiN3 : Eu2 + phosphor patent, patent number: JP2005239985, domestic enterprises in the nitride, nitrogen oxide phosphor research behind the foreign enterprises.
Third, white LED intellectual property issues to deal with recommendations
The domestic white LED application enterprises to avoid patent risks have several options: First, the purchase of patent protection of white LED; Second, the purchase of non-brand white LED, the other patented; Third, white LED application enterprises to increase technology research and development, White LED patent license. White LED patent in the field, the current core patents are mostly in the hands of foreign enterprises, but a considerable part of the core patent is not applied in China, it is worth the market in the territory of enterprises to seriously study. Domestic white LED enterprise patents have a certain basis, through the authorization and the introduction of new patents in order to achieve higher practical value. Therefore, the need for active patent operation, a reasonable standard market order, in order to fundamentally maintain the entire white LED stable and orderly and healthy development. To this end, we make the following recommendations:
1. For industry safety, it is recommended that the relevant competent departments or industrial alliances through special or work arrangements, on the one hand the establishment of patented subject database, monitoring domestic and foreign LED patent legal status, on the other hand commissioned by third-party professional intellectual property agency assessment, Foreign LED patent operation feasibility analysis, guide the engineering center and enterprise development technology research and development.
2. The domestic white LED industry brand enterprises, as soon as possible patent layout analysis, the formation of patent portfolio, reduce risk is a top priority. In addition to the choice of small and medium enterprises and strive for a reasonable patent licensing conditions, but also in the professional patent operators under the guidance of its own advantages of patents based on patent licensing to build a more valuable portfolio of patent pool. This combination of patent pool can not only protect itself, but also through external authorization or cross-authorization to obtain economic benefits or get much-needed technical authorization.
3. For the international level of white LED enterprises, it has a large number of core patents if the external authorization, because China's LED business size is small, a large number of a home to go to the business and authorized to negotiate the cost is unthinkable , The best way is to find a professional patent operation of enterprises, the relevant authorization and perennial management issues entrusted to the relevant enterprises to complete.