Wednesday, 9 December 2009

China Lithium Battery Patent Battle

China Lithium Battery Patent Battle

In the first half of this year, this newspaper since 3114, the four successiveLaptop Battery interest of the University of Texas and its commercial mandate Hydro Quebec, Canada, Phostech alleges that the U.S. battery maker A123 (GEM), Inc., Vaillant (Valence)'s infringing Lithium iron phosphate patent dispute. This series of reports have caused widespread concern outside the industry. Today, lithium iron phosphate batteries on the topic of the patent once again affects the electric car industry's nerves, but the protagonist of the incident replaced by China.


Lithium iron phosphate in North America patent litigation battle it, when a lithium iron phosphate battery patents to defend the war broke out in China.


DVD patent pool in order to avoid recurrence of this tragedy, our country more than the battery companies and research institutions are positive actions, to collect evidence to prove that Hydro Quebec and the French research center in China last year, the application of carbon lithium iron phosphate-layering technology patents (now Phostech exclusive license to the Canadian company) JVC Camcorder Battery is invalid. However, the present situation, the Chinese side want to win, extremely difficult.


■ foreign success in China for carbon-layering technology patents


This year, our electric cars and motive power batteries of the forum is particularly high. In almost every forum, can see the shadow of Canada Phostech company representatives.


Not long ago, the fourth South China Lithium Power (International) high-level Technical Forum held in Shenzhen. Made a special trip from Canada came to participate in the forum Phostech Rice, CEO? Toston smiling. After the introduction of products and technology, Toston answered live audience on the patent question. He said: "In the United States, the Tribunal intends to recess for some time to continue to hear from companies such as our A123 lithium iron phosphate battery patent dispute. Last December, the European Patent Office rejected the Phostech the company's lithium iron phosphate battery patent application. We are intends to continue to apply for patents, is expected to be approved in 2010. In addition, in Japan,JVC Camcorder Battery we are also actively apply for a patent. "


Toston talked about Phostech companies in the United States, Japan and Europe patent applications received, but did not mention China, and I wonder if the wish to avoid. According to report, in 1999, the French scientific research center, Professor Michael? Oman and Germany invented the carbon-layering technology, solves the conductivity of lithium iron phosphate materials, poor problem. Subsequently, from Hydro Quebec and the French Scientific Research Center have applied for the patent. In 2008, the two institutions in the Chinese patent application is approved, the patent has been the exclusive right to use license to the Canadian Phostech company.


Seize the high ground in the patent, after, Phostech actively explore the Chinese market. Currently, the company has opened an office in Shanghai. At the same time, its high-level frequent appearances in China, and actively promote the company's lithium iron phosphate batteries and materials.


■ two patents can not bypass


Li-Quan Chen Chinese Academy of Engineering,JVC BN-V107 battery told reporters in the lithium iron phosphate batteries and material field, there are two core technology patents is impossible to bypass, one of which is the layering of carbon technology patents, and the other is the carbon-thermal reduction technology patents. The former has applications in China, the Canadian company has the exclusive right to use Phostech; the latter owned by the United States Viagra can be company, has yet to apply for a patent in China. However, Viagra can be company has set up two companies in Suzhou --- Vaillant Technology Co., Ltd., Takeyasu Energy Limited, are responsible for the production of lithium iron phosphate materials, and battery production. In order to seize the Chinese market, Viagra can be company does not rule out the patent on the trivial.


Academician Li-Quan Chen also told this reporter in a surprising thing: It turned out that Viagra can be company owned by the carbon thermal reduction JVC BN-V20 battery technology patents, is entirely his students --- Dong masterpiece.


In 2000, Dong switched from a Canadian company to enter the United States Vaillant, serving as a senior research fellow. Prior to that, he has been the French National Research Center for Condensed Matter Physics Institute of Chemistry of Bordeaux and received a doctorate and post-doctoral study in the United States. In Vaillant's work, Dong fully demonstrated the Chinese people industrious, intelligent character in just six years, he helped Vaillant companies in 28 countries around the world applied for the patent materials, lithium iron phosphate (Dong is the inventor, the property Vaillant companies).


However, things are unpredictable, Dong was perhaps never imagined that today, these patents would become the Chinese battery enterprises to enter the field of lithium iron phosphate battery barrier.


"At that time, I can think of their own materials, lithium iron phosphate JVC BN-V306 battery formulations and preparation methods are written out and apply for a patent. Some of the patent, Viagra can be company already has the appropriate technology at that time, and others are under development, but also there are simply not begun to study. This series of patents is very tight, almost covering the manufacturing aspects of lithium iron phosphate battery is indeed hard to break. "talking about past events, Dong told this reporter.


■ want the patent is invalid, the Chinese side little chance of toppling


"In the lithium iron phosphate batteries and materials, China has absolutely can not be called art. A small number of corporate patents, said there is no problem, it is nonsense, and there are many complex issues to be resolved. If we say that, for the University of Texas, and other organizations such as A123 Lithium iron phosphate between the patent dispute, we are somewhat indifferent manner of taste, then, this time with the Phostech companies in China to obtain the carbon-layering technology patents, as well as companies such as Viagra can seize the Chinese market to accelerate the pace of the patent problem has become very realistically placed in front of us, not be evaded. "a company official said the battery.


It is aware of this, these batteries before businesses and relevant research institutions together to gather evidence, look forward to tear down barriers JVC BN-V507 battery to multinational patents.


State Intellectual Property Office a staff surnamed Wang told reporters, "Patent Law" Article 22 clearly provides that a patent application at least have novelty, creativity and practicality, and there is no other substantive issues in order to be authorized. By the same token, if you want the patent invalid, the State Intellectual Property Office shall review committee to pursue the invalid request has been authorized by the patent to prove there is no novelty, inventiveness or usefulness. If rejected, you need to bring an action through the legal channels to resolve.


The staff member also said that the best means of proof is to find a one or more previously public documents, and to compare the patent claims, if the overlap, you can prove that the patent lacks novelty. Corporate sources, and now they have found an open literature, but the arguments JVC BN-V514 battery are not particularly strong. Once the proceedings, the odds are not great.


Chinese Academy of Sciences Institute of Physics, doctoral tutor Huang Xue-Jie said, after the U.S. Japan's NTT paid 30 million yuan (equivalent to RMB) settlement, the only solution of the lithium iron phosphate material patent disputes. Many enterprises in Taiwan is to spend money to buy other companies to Phostech the right to use the patent. "If in the end, China and Japan, companies have to embark on the road to spend money on patent licensing, which is China's iron phosphate lithium battery manufacturers would be a bad news, but also a sad thing."

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