Which is more important: domestic patents on alkylation or U.S. patents?
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This post was last edited by cwt1985 on February 1, 2017, at 23:52. Recently, a local refinery in Shandong was sued by Lummus, a renowned American design firm. In the lawsuit, it was claimed that the refinery used pirated technology for alkylation and failed to pay any patent fees. However, the refinery actually utilized domestically developed patented technology, for which it has received approval from the **Patent Office. Currently, many refineries in China are undertaking similar projects. In this regard, should we proceed with such projects in accordance with China’s Patent Law, or should we be required to comply with American patents? What do U.S. patents have to do with me? Is it illegal to use domestic patents in China? Moreover, the lawsuit has been approved and is currently in full swing. Is this an example of technological aggression or an extension of American hegemony? It’s about safeguarding domestically developed technologies and their intellectual property rights; there are even patent approvals for them. Implementing this process serves to protect **new technologies and reflects national self-confidence. Is our country’s patent law designed to protect our own domestic interests, or to serve as a tool for foreigners to exploit us? Can we file a counterclaim against him for defamation?
Patents are a good way to protect intellectual achievements, right?
This post was last edited by WiseMan on 2017-2-2 at 10:07. It contains a lot of information. Analysis one by one: 1. Lummus has been operating in China for nearly 30 years. It has collaborated extensively with China’s oil and petrochemical industries, exerting considerable influence. Naturally, it has also made a great deal of money. In this case of patent infringement regarding alkylation, it is likely that no lawsuit would have been filed if concrete evidence hadn’t been found. Since legal procedures are being followed, we’ll wait and see, trusting in the fairness of the law.
This post was last edited by WiseMan on 2017-2-2 at 10:07. 2. Nowadays, intellectual property rights have become globalized. China has also joined 15 international conventions related to intellectual property protection, such as the Paris Convention for the Protection of Industrial Property. So, “What do U.S. patents have to do with me?” ”This is the result of narrow-minded nationalist thinking. Intellectual property rights must be protected, whether they are U.S. or Chinese intellectual property rights.
This post was last edited by WiseMan on February 2, 2017, at 10:08. 3. If an alkylation process with independent intellectual property rights is indeed developed through independent research and development, one can not only confidently respond to any legal challenges, but also apply for patents in other countries around the world (such as the United States), thereby protecting oneself through intellectual property rights.
It’s really interesting: ZhiDa in China has applied for patents related to the low-temperature sulfuric acid process, and this was also promoted on our forum. There are quite a few such applications in China – the first one was in Ningxia, followed by Songyuan, which recently started operations. Additionally, many local refineries across the country have adopted this low-temperature sulfuric acid process. According to the Americans, this is all piracy; the patent fees amount to tens of millions. With over a dozen such facilities across the country, it seems they’re set to make a huge profit from this. But if it’s piracy, **are all those people at the Patent Office idiots?** Let someone else’s technology remain their own patent? Moreover, these days, it’s the users who get exploited—they’re fattened up like pigs before being “slaughtered”. Does domestic patent protection benefit Chinese citizens or foreigners? Even the low-temperature method has been patented
In other words, all countries in the world must pay patent fees to our country, right? We have the Four Great Inventions.
The term of patent protection is 20 years; inventions from thousands of years ago have long since expired their protection period. I recommend that you study the *Patent Law* carefully.
This time it’s really fun; the original version and the domestic version do have the same design, but this device is domestic-made while the original one is imported. The cost is also different; to be honest, the domestic versions are even better than the original ones. Lumas’ fee of 20 million for patent use, along with the 20 million demanded by a certain domestic manufacturer, is way too high. There are many advantages to these domestic versions, but I’m not aware of any patents related to them. I only know that there are patents related to the Zida low-temperature sulfuric acid alkylation method on forums, and those patents have been approved. Is China’s patent office just a formality, and is respecting intellectual property rights just empty talk? If this were to happen, how could the domestic chemical industry develop?
What’s wrong with the Zhida version? The Rumas version isn’t bad either, but it has many flaws in terms of design and lacks the comprehensiveness of the Zhida version. The Zhida version itself is patented. The equipment installed at a certain refinery this time was designed by that design institute. From a legal standpoint, when it comes to litigation within China, which patent law applies—China’s or the United States’? Since it’s a U.S. patent, how was it approved in China when Zhida applied for a patent? It’s surprising that this lawsuit was also approved!
Regardless of who is right or wrong this time, it’s necessary to urge everyone to work together to protect independent intellectual property rights. Those who truly carry out research and development deserve respect; however, it are the users who end up suffering as a result. In my opinion, ZhiDa is better than Perumas – its version is far more advanced than Perumas’, by a significant margin. Although both are praised highly, only those who have used them can really understand that