Patent Disputes Are Frequent, And GEM Companies Should Be "Soft Patents" When They Are Cold.

Up to now, there are more than 80 listed companies on GEM, but Suzhou's Heng (300060) companies are listed on the eve of listing.

The reason why the patent issue of GEM companies is concerned is that there is a question about the existence of "soft patent" phenomenon.

The so-called "soft patent" refers to the phenomenon of "technology not enough patents to get together" for individual companies to appear on the gem.

With the help of sponsoring agencies, by applying for a large number of patents with a large amount of gold content, they will package themselves into "high-tech and innovative enterprises", so that they can be issued through examination and high price.

There is a view that a form of "soft patent" is a large number of patent applications before the listing.

To this end, the China Securities Journal reporter has consulted the prospectus or pre disclosure information of 6 companies listed on the gem successfully at the end of 23, and found that the phenomenon of intensive patent application existed in the one or two years before the listing.

Statistics show that 6 companies have accumulated 56 patents, and there are still 45 items in the patent application process.

According to the information disclosed, 26 patents were applied in 2008, 40 in 2009, and 3 in 2010.

In recent one or two years, patent applications accounted for 65%.

Even almost all patents in the company are concentrated on applications in 2008 and 2009.

Similar situations exist in some GEM companies listed before.

However, the phenomenon of intensive patent application before the listing should be objectively analyzed.

The large number of patents applied by a company at a certain time is related to the maturity of technology, the stage of operation and development of the company, and the overall situation of the industry. It is also the result of the government's policy guidance and the continuous improvement of the enterprise's patent consciousness, and is the inevitable process of the development of the enterprise.

In addition, patents play a significant role in shaping the image of GEM companies. The ownership and gold content of patent technology are also indicators that can easily be quantified when the market values the company's value.

This situation will also prompt enterprises to declare a number of technical assault patents after entering the stage of listing.

What we need to focus on is the "soft patents" and "pseudo patents" which are produced by a large number of companies because of excessive packaging.

If the "pseudo patent" is packaged, it will not only generate the core competitiveness of fables Corporation, but also lead to disputes over intellectual property rights. It will also bury hidden risks such as false evaluation and fictitious assets.

Because of the possibility of "soft patent" or even "pseudo patent", for a gem company with general characteristics of light assets, if there is a problem, it can not be ignored.

Suzhou and other companies have postponed the listing on the condition that the relevant issues are not conclusive, which fully demonstrates the attitude of regulators to investors and sober understanding of the seriousness of the problem.

Similarly, when measuring the value of GEM companies, the market parties should also treat their patent technology objectively and objectively.

For investors, the value of GEM companies should not be limited to patent theory. The gold content of enterprise patents should be valued.

The core technology of enterprises can be divided into many kinds, not necessarily in the form of patents.

Failure or failure of certain patents may not have a substantial impact on the operation of enterprises.

It is important for an enterprise to have a high gold content patent, but whether the enterprise has the ability to turn it into profit is more important.

In the intellectual property information disclosure system of gem, we need further improvement.

Which patents constitute the core competitiveness of enterprises? In recent years, there have been potential risks such as tort disputes. Enterprises should disclose them in detail.

In addition, the state of patents will change in real time, and some patent enterprises that have no value in production will even give up voluntarily.

If the patent is invalid and appears in the information disclosure, the enterprise should truthfully inform the situation and explain the reason.

Some enterprises declare dozens of patents on the eve of listing, and their follow-up status should be continuously disclosed in future quarterly and semi annual reports, so as to avoid false declaration as far as possible.

With regard to the improvement of the information disclosure system of intellectual property rights, the regulatory authorities need to increase the intensity of punishment. If we finally find out the existence of false statement patent technology in the company and sponsor institutions, we should trace the responsibility and compensate investors accordingly, so as to increase their illegal costs.