According to the New York Times, 2-dimensional bar code technology has been applied in some television shopping programs in USA, where a scan of the onscreen 2-dimensiaonal bar code would put the product directly in the viewer’s shopping cart. In the mobile internet age, 2-dimensional bar code technology could enjoy a wide application area, however, that also necessarily leads to the battle of intellectual property on such technology just like other patent competitions over mobile technology.
The 2-dimensional bar code technology has been rapidly developing in recent years in China. According to the preliminary retrieval by Bridge IP Commentary concerning the application of 2-dimensional bar code in China on October 9th, 2011, there were over 650 patents applied with the 2-dimensional as the key word, and through preliminary analysis, these patents have the following characteristics:
1. In respect of the applicants, the applications of foreign enterprise are more than those of domestic enterprises, and the applications of Japanese and American enterprises are the most among the foreign enterprises. As to Chinese applicants, Huawei has applied the most, which illustrates that Huawei, as a transnational enterprise, highly values 2-dimensional bar code technology and its patent group has come into shape. Other Chinese enterprises, such as BBK, Haier, Wal-mart, Beijing Metro, etc., have also applied for many patents on 2-dimensional bar code technology and such application is under accumulation.
2. For the applicable areas, the 2-dimensional bar code technology has been widely used in printing, information identification, online payment, information security, ID, public transportation information processing, retail, media and entertainment, etc., covering almost the whole industrial areas. Meanwhile, 2-dimensional bar code technology is not only applied in newly developed areas like information identification, information security, network payment, Internet, but also in the traditional areas of printing, retail, media and entertainment, etc.
As of the study of Bridge IP Commentary, the rapid development and wide use of the 2-dimensional bar code technology in China, has caused or is about to cause the new industry transformation, thus has attracted more and more investment of enterprises on the research of 2-dimensional bar code technology, and also the new patent competition has started hereby.
We recommend the enterprises using the 2-dimensional bar code technology to research the influence and impact brought by the technology on the development direction in their own areas as well as taking precautions with patent arrangement. The specific method is to integrate the 2-dimensional bar code technology with the enterprises’ own products’ characteristics, then apply for patent together.
The key points of the patent application drafting of 2-dimensional bar code technology, by Bridge IP Commentary’s opinion, is to avoid describing the patent of pure software or virtual method, which may be refused for the examiner’s holding as the application cannot be granted the patent right. It’s better to apply together with the hardware or the product, also the patent shall be integrated with products instead of being described as the general 2-dimensional bar code, for the basis details of the 2-dimensional bar code technology has formed and such patent is easily be rejected for lack of innovation.
Background: the 2-dimensional bar code is kind of geometric figures laid out on a plane (two-dimensional direction) with certain rules to record symbol information by black-and-white graphic. For a two-dimensional code could store information along the height as well as the length of the symbol, it can express large information within very small space. The 2-dimensioanl bar code technology originates from Japan and Korea, and currently has been widely applied and developed worldwide.
For more information of related services in China, please click here (Trademark, Copyright, Patent, Trade Secret, Cooperate, Foreign Investment, Labor)
Copyright reserved by Mr. You Yunting
Editor-in-Chief of Bridge IP Commentary
Partner & Attorney-at-law of Shanghai DeBund Law Offices
Email: Bridge@chinaiplawyer.com, Tel: 8621-5213-4900,
You can also find us on Facebook, Twitter and Linkedin.
Bridge IP Commentary is a website focus on the introduction of commercial laws in China, especially the intellectual property laws. All the posts here are our original works. All news or cases referred here are from public reports, and our comments or analysis are of due diligence, neutrality and impartiality, representing our own opinions only. You may contact us shall you have any opinions or suggestions.
Short Link: