A Comparative Handbook of Laser Marking Patent Protection in China, the United States and the EU

The report compares and contrasts the differences in laser marking patent protection in China, the US, and the EU, including the application process, the scope of protection, and the difficulties of enforcing rights, to help companies avoid risk.Drawing on actual cases and policy analysis, it offers practical advice on patent layout, to help R & D teams and intellectual property managers make efficient decisions.

Why should we care about the differences in laser marking patents between different regions?

Laser marking technology is widely used in industrial manufacturing and medical equipment, but patent rules differ widely from one region to another.For example, in the US, the patent office places greater emphasis on the novelty of the technical details, while in the European Union, they may be more concerned with the practical application of the technology.If a company just "copies and pastes" its domestic application strategy, it is likely to fall into a trap. For example, a technology that can be licensed in Taiwan may be rejected in Europe or America.

A fast and a slow lane.

China: First come, first served, but the review process is long.

In Taiwan, the system is based on the date of application, so whoever applies first has the advantage.The review process usually takes two to three years, and can take even longer if there is a technical dispute.They recommend that the project team prepare complete experimental data, especially on the optimization of laser parameters.

U.S.: Can be rushed, but costs more.

The US Patent and Trademark Office (USPTO) allows for an accelerated review process (Track One), which can result in a patent being granted in as little as 12 months.However, the cost is more than three times that of a normal application, so it is suitable only for core technologies that urgently need market protection.

EU: Unified application, separate implementation.

After the application is submitted to the European Patent Office (EPO), separate procedures have to be carried out to put the patent into effect in each target country.The standards for laser marking equipment are particularly strict in Germany and France, and it is suggested that a search be made in advance to avoid infringement.

The "invisible red line" of patent protection.

In Taiwan, claims can be relatively broad, such as "the laser's wavelength is between X and Y nanometers.But in Europe and America, examiners will demand specific examples of how the invention works.There was once a company that wrote in its patent application that the range was "300-500nm," but only provided experimental data for 350nm, and ultimately the scope of protection was greatly reduced.

These are the three most headache-inducing problems that arise in the process of rights protection.

1. The difficulty of gathering evidence: In the US, evidence must be linked to the crime scene (for example, a log book of the operation of the equipment), while in Taiwan third-party reports are accepted.

2. **Amount of compensation**: In Europe and America, compensation may be 10 times as much as in Taiwan, but the cost of the lawsuit is also higher.

3. Invalidity declarations: The EU's opposition process is even more complex than those in the US and China. Once an opposition is successful, the patent may become invalid in multiple countries at once.

He also offered a number of practical suggestions for businesses.

- In the R & D phase, use patent warning tools such as Orbit and Patentics to analyze competitors 'patent strategies.

When applying in the US, Europe, and China at the same time, the claims must be tailored to each jurisdiction.

- Prioritize PCT international applications to win time.

--Find a local representative with experience in laser technology to work with (for example, in Germany you need to submit a report on energy efficiency).

And a final reminder: Don't just stare at the technical documentation. The latest policy developments in the various countries are the "hidden checkpoints.For example, the EU has just updated its "List of Critical Technologies" to include certain high-power laser marking devices on its whitelist (i.e. items that are exempt from export controls).