China rare earth industry in front of the patent "black hole"

For many Chinese rare earth enterprises , its overseas growth history is often a patent license " pay " history , or a fight for the " payment " Opportunity history of struggle .

"Black hole " suck money , in the third generation rare earth permanent magnet material NdFeB who was especially evident . At present, China 's annual production of rare earth enterprises in about 90,000 tons , except in the domestic market to digest three to four tons of export products as long as the rest of Hitachi Metals will need to obtain patent licenses and other industry giants . From the rare earth export quota WTO dispute caused to a number of enterprises in the United States suffered " 337 " survey, in recent years , China's rare earth production capacity of enterprises is growing, increasingly rare earth exports affects all nerves , small profits but conceal the intellectual property industry weakness carnival , foreign giants patents like the " black hole" sucked huge profits , it is also firmly grasp the initiative in the market .

China Rare kinds of situation has changed when we can ? Experts have suggested that China rare earth enterprises not only to pay greater attention to technological innovation and to take effective patent strategy , key competitors should also track and analyze patent applications , the ability to form and train a team of professionals with litigation , identification patent " black hole ", for bargaining chips.

" Catch a Fire " sorts ?

" The reason why companies such as magnetic north, Hitachi Metals To initiate patent litigation , patent because Hitachi Metals curb its NdFeB and related products exports to the U.S. market opportunities, and no longer be permitted to expand the number of Chinese enterprises . Catch a Fire also want to get a patent licensing purposes , a slice . " an unnamed insiders told this reporter in an interview analysis .

It is understood , August 17, 2012 , Hitachi Metals established in the United States and its sintered NdFeB magnet factory - Hitachi Metals North Carolina company , the U.S. International Trade Commission (ITC) to apply to the global 29 related companies launched "337 " survey.

"The survey covered four U.S. patents US6527874, US6491765, US6537385

( With 765 congeners ), US6461565, these patents are in China for the same family are involved in the manufacturing process improvements. " One yuan intellectual property experts in the interview with this reporter when the patent were searched , which US6491765, US6537385 patent is involved with the technical means to improve the magnetic properties .

In May this year , Yantai Zhenghai , Ningbo Jinji , Anhui earth bears with Hitachi Metals reached a settlement , agreed to pay patent fees and depending on sales of the " tap fee", thereby gaining the Hitachi Metals patent license , and can be re-exported to the United States and the European Union covered by its patent market. Thus, to obtain a patent license Hitachi Metals has risen to eight Chinese companies .

"Sintered NdFeB magnet patent license , although cost in the hundreds of millions of dollars, but a strong desire to export and still make a profit , so the international giant patent licensing in many companies think it is not a bad thing, which is in the north and magnetic Taking a loudspeaker corporate power source . " the industry source said.

For the magnetic north through the call , the industry 's response is not strong , a number of rare earth enterprises in an interview with reporters said he did not want to comment.

Reporters in the north and magnetic contact the responsible person , the person said the company will soon informed, but as of press time , the reporter did not receive the reply.

Patent " weakness" how " soft" ?

"In the field of NdFeB permanent magnet materials , the world's leading applicant Hitachi Metals , TDK Corporation ( hereinafter referred to as TDK) and Shin-Etsu Chemical Co., Ltd. ( hereinafter referred to as Shin-Etsu of society ) . Hitachi Metals related patent applications have more than 1,600 pieces , TDK 's related patent applications have more than 900 pieces , Shin-Etsu Chemical 's related patent applications have more than 350 pieces . " State intellectual Property Office of the Ministry of metallurgical materials Engineering invention Review Director Yan Jie, told this reporter in an interview that , Yan Jay has been rare lead research in related fields .

Statistics show that industry giants NdFeB related patents have a very good overseas layout. About 15 percent of Hitachi Metals related patent application for protection in the United States , while about 11 % of the patents in China and the United States to apply for protection ; TDK relevant information were 17 % and 6% ; Shin-Etsu Chemical relevant information were 30% and 14%.

In China, the largest number of patent applications is Beijing Zhong Ke San Huan High Technology Co., Ltd. ( hereinafter referred to as Zhong Ke San Huan ) , there are more than 100 pieces of related patent applications , most of them only in the domestic layout , only one through the " Patent Cooperation Treaty "(PCT) patent application filed international route .

Yan Jie told reporters , only rare earth functional materials in the field concerned, worldwide there are 50,000 more ( patent family total ) related patent applications in recent years, the global number of applications to a higher level each year 2000 to maintain stable growth trend.

"Japan rare earth permanent magnet materials, rare earth luminescent materials , rare earth crystal materials , rare earth functional ceramics , rare earth and rare earth hydrogen storage materials such as exhaust gas purification catalytic materials for six volume ranking first in the field ." Yan Jie, told reporters that the past few years in China 's fastest-growing volume of patent applications , patent applications amounted to more than 800 pieces of more than 2009 application year after Japan, ranked first.

" The majority of our enterprises in the field of rare earth patent awareness is not strong enough , though a few companies have a certain patents in the field of rare earth reserves, but patent quality is not high, the lack of core patents . Core technology research and lack of originality , leading rare earth enterprises small number of PCT international patent applications . " for many years has been engaged in research work in rare Beijing University research Professor Zhang deep roots in the interview with this reporter said frankly .

" The creative and technical personnel have not been playing well is caused by one of the underlying causes of this phenomenon ." Zhang stressed deep roots .

Win rely on ?

If now we can in order to have a rich rare earth resources, strong global demand for capacity and proud , then , the future path to take down ?

" Although China's rare earth permanent magnet production capacity has exceeded the actual production, but in recent years, the rapid expansion of production capacity is still a trend , some of the existing manufacturers of large-scale expansion , there are many new companies launched rare earth permanent magnet , and many manufacturers are lack of core competitiveness and accurate market positioning . " Zhong Ke San Huan , senior vice president Hubo Ping told this reporter in an interview expressed his concerns.

Statistics show that as of the end of 2012 , China has about 200 more than NdFeB enterprises, of which there are more than 3,000 tons of five , with an annual output of 1000-3000 tons enterprises have 20 or so. Information on this amazing stark contrast , a number of the company's core technology, patents reserve it appears stretched.

"In the field of rare earth , foreign giants emphasis on technological innovation and mastery national intellectual property system , good use of patents to seek commercial interests . These giants continue to develop new technologies and new markets , and use basic patent and patent finely woven mesh, dominate the global market , get high returns , creating a competitive advantage. patented ' black hole ' in front of us being sucked out not only profits , as well as industrial development discourse . " industry experts told reporters .

" Chinese enterprises gradually emerge in the international competition , while also facing patent risk will be greater , must be prepared to deal with the preparation of overseas patent infringement litigation ." Yan Jie believes that enterprises should attach importance to technological innovation , attention to patent application strategy also put emphasis on research and development and intellectual property management to take the initiative in the competition .

For potential litigation risks , Yan Jie said that enterprises should attach importance to track competitors, patent applications , patents do early warning analysis , but also pay attention to the ability to form and train a team of professionals with litigation , which is not only conducive to whether the infringement to make accurate judgment , but also the selection of patent bargaining chips , maximize benefits play an important role .

" China should continue to strengthen high-performance products and related production technology and equipment development , improve equipment utilization levels of automation and earth , and in some key technologies to strengthen the combination , to achieve substantial breakthroughs in promoting the health of China's rare earth industry can sustainable development . " Hubo Ping stressed .


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