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PCT - Potentially the best way to guard innovation in highly dynamic technical areas Fan Zhiyong Deputy Director, IPR De

PCT - Potentially the best way to guard innovation in highly dynamic technical areas Fan Zhiyong Deputy Director, IPR Department. Huawei Headquarters. Technical support center. Private Company founded by Ren Zhengfei in 2008, with 20,000RMB

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PCT - Potentially the best way to guard innovation in highly dynamic technical areas Fan Zhiyong Deputy Director, IPR De

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  1. PCT - Potentially the best way to guard innovation in highly dynamic technical areasFan ZhiyongDeputy Director, IPR Department

  2. Huawei Headquarters Technical support center Private Company founded by Ren Zhengfei in 2008, with 20,000RMB Now Serves36of the world's top50telecom operators 22 regional HQ and over 100branches 87,000+employees worldwide 23.3 Billion USD Revenue in 2008, 75% from outside China Huawei at a Glance HUAWEI TECHNOLOGIES (Headquarters) R&D center

  3. Never Stopping Innovation R&D • 17 R&D centers，~20 innovation centers • 40,000+ R&D staff • 10%+ of revenue invested in R&D • 10%+ R&D expenditure on Advanced Research Patents & standards • No.1 in PCT patent application (WIPO,2008) • 39,184 patent applications in total • Top 5 holder of essential LTE (4G) patents • Member of 91 standard bodies

  4. Organization: IPR Dep. + Patent Review Board EMT CLO CTO Legal Department Information Security Dep. IPR Department Corporate PRB Wireless Product Line Patent Dep. Licensing Dep. General IP Affairs Dep. Wireless Dep. Operation Dep. Wire-line Product Line US IP Dep. Wireless PRB EP IP Dep. Wire-line Dep. OAM Software PL Core Network Dep. Wire-line PRB • IPR Dep. Founded 1995 • Patent Review Board founded 2006 • IPR Dep. Staffs 230, including 150+ patent engineer / attorneys Central R&D PL OAM Software Dep. Terminal Dep. Software PRB … Central R&D Dep. ASIC Dep. Central R&D PRB

  5. Statistics of patent application (as of August, ’09)

  6. PCT to Glue Standard and Patent Process Patent Enter National Stage Filing of PCT Filing of Priority Standard Standard Frozen Submission of Standard Proposal Time 12 Months 0 Month 30 Months • Most Telecommunication standardization finishes after 12 months but before 20 months

  7. Efficiency of PCT: Prosecution Effort • From the Applicant • Repeated OA Response • Struggling with Examiners’ different ‘national tastes’ • From the Patent Offices • Effort has been made to improve ISR quality • Successful trials of utilizing work done by other Patent Offices for PPH • Should the Patent Offices recognize both Chapter I and II process, reduce national prosecution effort? • Should major countries consolidate the patentability test, and leave our difference to judicature?

  8. PCT Filing Foreign Granting Foreign Filing First Filing Standardization 5 yrs X-Licensing Rival Infringing Right Exercising Efficiency of PCT: Time to Grant • From the Applicant • Value of Patent can’t be exercised before granting • From the Patent Offices • Great backlog, growing complaint • Should the Patent Offices consider ISA/IPEA’s work as part of national prosecution, and PCT filing date as entering date of prosecution queue?

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