Chinese rare-earth companies want to break the japanese patent blockade
We're going to the united states to apply for multiple rare earth patents on japanese metal
Japanese metallics have more than 600 related patents worldwide, and the export market for cerin materials has been heavily controlled by patented technology for over a decade. In response to patent restrictions, a coalition of seven chinese rare-earth companies was formed to file an invalid application in the united states for patents that questioned the validity of the japanese metal portion
The rule of law weekend journalist, dreary
Law and order weekend intern shen chiami
In an effort to break the patent restrictions of japan's japanese japanese metals company (hereinafter referred to as “japanese metals”), a coalition of seven chinese rare-earth enterprises would go to the united states to apply for partial invalidity of their patents, which raised high concerns in the rare-earth market。
The seven rare-earth enterprises are, according to journalists on the weekend of the rule of law, producing boron materials。
At the recent recently concluded rare land industry forum, industry participants noted that the export market for cerinite materials has been firmly controlled by japanese japanese japanese metal by patented technology。
“the route taken by chinese stork is different from that taken by japanese metal, but our stork market has been subject to patents from the beginning to the present.” according to sun baoyu, chairman of the board of directors of shenyang centre-north-to-king magnetic technology co. Ltd. (hereinafter referred to as “magnetic central north-to-king”)。
To address patent restrictions, in august 2013, the strategic alliance for technology innovation in the rare-terrestrial magnetic industry (hereinafter referred to as the rare-terrestrial magnetic alliance) was established, with membership from china-north, hangzhou young-magne group ltd. (hereinafter referred to as the hangzhou yong magnetic group ltd.), ningbo and power magnetic materials ltd. (hereinafter referred to as the ningbos), ningbo permanent magnetism company ltd. (hereinafter referred to as the ningbo permanent) and ningboko field magnetism company ltd., ningbokwa fai magnetism company ltd., and guangdong jiangmen magnets new materials ltd. Seven enterprises with the aim of co-financing, co-research, co-development, co-development, and co-response of intellectual property rights。
Ningbo's general manager zhao hong liang said: “we are going to the united states first to remove several of its core patents and will deliver the material to the united states patent office.”
On the weekend of the rule of law, journalists were informed by sources close to the red earth empirical alliance that the red earth empirical alliance had contacted an international legal firm in the united states to represent it。
According to the source, specific information on the firm is not yet available, and the plan is in a confidential stage and no further details can be disclosed。
Japanese metal patent barriers
The data show that the cerinite material was found in 1983 as a form of magnetic material and is now widely used in the fields of electric power, wind power, automobiles and electrosound, and is in the area of relative prosperity downstream of the rare-earth industrial chain。
The head of the online materials department of the rare-earth never-magnetic industry, wu xiaohui, told journalists on the weekend of the rule of law that there are currently around 240 companies in the country that are capable of producing cylindrium mackerel, with overcapacity in the industry and export-oriented sales. The export volume of cerium is eight times that of imports, and the export price is only half that of imports。
“as a result of patent restrictions, many enterprises are unable to export to the united states and japan.” u. C. Fai said。
It is understood that there are four main process steps, namely smelting, powdering, pressure-forming and sintering, in which china introduced current milling techniques as early as the late 1980s. This technology was earlier than in japan, but at that time chinese enterprises had not first applied for patents in other countries, while japanese metals had applied for patents in several countries outside japan's mainland。
Data from the rare earth everlasting magnetic union show that japanese-owned metals are patented on japanese soil, with more than 600 cylindrium-related patents worldwide, of which 149 (four of them expired) american patents are authorized for eight chinese cylindrium-based enterprises。
According to the data, eight of the more than 200 companies in the country that have japanese metal patents are chinese triads (15. 87,0. 05, 0. 32 per cent), ningyon rhyming (18. 27, -0. 08, - 0. 44 per cent), antai technological (10. 05, - 0. 12, - 1. 1. 8 per cent), beijing gymagne, beijing silverna, chinhai, ning pon ging and anhu bear。
According to the charter of the secretary-general of the ningbo city plating industry association, most of china's relevant rare-earth enterprises can now only obtain the legitimacy of sales in overseas markets through patent authorization。
According to the data, china currently produces about 80,000 tons per year, of which about 20,000 are patented, 30,000 to 40,000 tons of the remaining 60,000 tons are digested in the domestic market and 20,000 to 30,000 tons of exports are still subject to patent licensing。
In the united states, which is an important market for the export of cylindrium, japan's sumitomo and japanese metals have also launched 337 investigations against chinese enterprises。
In 1998, japan's alumni corporation, in association with magnequench (magnetic magnetia magnum) inc. In the united states, initiated the 337 u. S. Investigation (case no. 337-ta-413). As the two chinese enterprises involved had not been sued, the u. S. International trade commission eventually issued a “general exclusion order” (generalexclauscularer), i. E., any americite product that violated the following u. S. Patent numbers, including patent no. 4851058 (priorship of magon magnet), 4802931 (patent of magnet magnetia mcgon), 446395 (patent of magnet magnet mcgon), 4770723 (patent of a friend), 479236 (patent of a friend) and 564551 (patent of a friend)。
Japanese metallic was acquired in 2003 by japan's resident company, and it also acquired patent technology in the burning of storium. Of these, the last of the above-mentioned patents is the japanese core patent for metals in china's iron and stork industry, known as the “cobalt-bearing patent”, which is a constituent patent valid in the united states from 8 july 1999 to 8 july 2014。
Hangzhou's general manager for the young magnetic marketing, jia wingyan, told journalists on the weekend of the rule of law that japanese metal had a patent on ingredients and manufacturing processes for cerinite materials. Although some of the components patented had expired in july 2014, others were patented for external processes, processing, etc。
“when the cobalt-containing patent expires, the `general exclusion' against it will also lapse on the same date.” sun baoyu indicated that this meant that there would be no legal obstacles if chinese products involving the patent for the ingredient were to be sold to the united states after 8 july, even without a permit for japanese metal。
In 2012, however, a new round of “337 investigations” was launched by four additional process patents from japanese metal in an attempt to obtain a “general exclusion order”. The end result was a settlement between the japanese metal company and the three chinese enterprises against which the claim had been brought by patent authorization and the withdrawal of the lawsuit against the other three downstream magnetic applications。
In the view of other companies, the japanese metal industry appears to be declaring that, although its core ingredient patent expired on 8 july 2014, it will not ease restrictions on exports of chinese products because of its many patents。
“the japanese metals also tells customers in other countries, such as the united states, that the products sold should have relevant patent certificates. Japanese metals have more than 600 patents, so it is not possible for ordinary people to circumvent their patents unless authorized to do so.” jia wingyan says。
Impact on hundreds of millions of sales
“the existence of this patent barrier, on the one hand, increases significantly the production costs of enterprises and, on the other hand, creates problems for their market expansion, as downstream firms can be blamed for using unauthorized products。
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