The issue of patent has always been a hot topic and the war of patent in LED industry also never stops. Considering the patent strategy, some of the companies get well prepared for it while some others prefer to ignore that. It is believed by some companies that the war on patent is inevitable which will even become severer in the near future. While some other companies choose to wait for the expiration of the patents from giants of the industry.

 About the complicated patent issues, let’s see the opinion from Doctor Dieter Boss, the director of OSRAM patent authorization department.

 It is quite difficult to avoid the patent combination of OSRAM.

 What core LED patent does OSRAM have? Are those patents important for white LED products?
 The core LED patents of OSRAM are mainly related to the LED technology of changing light color by fluorescent powder. Such technology has been widely used in the industry for producing white LED products. Its principle is that after the blue light from the blue LED chip (normally gallium nitride semiconductor) is transformed into another light color or several light colors by corresponding fluorescent powder, it will be mixed with the untransformed blue light into white light.
  The LED patent combination of OSRAM includes various patent claims covering different fields. Some of the patents are related to the LED products by which the YAG fluorescent powder distributed according to some granularity is required to be used. Some of the patents are related to LED products by which the silicate fluorescent powder is required to be used. Besides, there are many patents about light color transformation technology project factors and structure features of LED packaging which are not limited just to the category of fluorescent powder.
  In short, the core LED patents of OSRAM covers many different fields and aspects. Therefore, seeing from the major global markets, especially white LED products, it is very difficult to avoid all those patents.  

  Until now, there are over 20 major global LED manufacturers have acquired the core LED patent authorization from OSRAM. In the beginning of this year, Unity Opto also acquired the core LED patent from OSRAM.

  What important patents are related to producing white LED products?

  The patent issues could exist in each aspect of the whole opto semiconductors industrial value chain. For example, semiconductor epitaxial wafer, chip design and other front end technologies are related to thousands patents. LED material, LED packaging, chip design on COB board and each rear end technologies are also related to thousands patents.

Among all the patents, the LED technology of transform light color by fluorescent powder has always been one of the hot topics in the LED industry. The using of YAG fluorescent powder, B.O.S.E. fluorescent powder and newly emerged CASN fluorescent powder has caused lots of patent disputes. Besides, the technologies on semiconductor chip and packaging have also caused many disputes.

  It is reported that some LED manufacturers from China has acquired related patent authorization on B.O.S.E. from Toyoda Gosei. There is news saying that the white LED bulbs produced by those LED manufacturers will not have any problem with the patent issues and can enter the global market freely. Is that correct?

  Acquiring the so called B.O.S.E. patent authorization and purchasing B.O.S.E. fluorescent powder from corresponding suppliers can solve a patent issue, the B.O.S.E. patent issue.
  However, the other patent issues on producing white LED products are unsolved yet. For example, as the authorized company of B.O.S.E., Opto also chose to join the LED authorization project of OSRAM recently.

Total Quantity of Effective Patents Will Increase

  It is known to all that the “5 Manufacturers” in the industry (Nichia, OSRAM, Philips Lumileds, CREE and Toyoda Gosei) have authorized each other to use some of their LED patent. Could other manufacturers solve all the patent issues by acquiring one patent authorization from the five manufacturers?

  Indeed, the 5 LED manufacturers have reached some agreements on intellectual property among each other. However, the authorization is only allowed for the 5 manufacturers but not any other third party.

  When will the LED patent combination of OSRAM be expired?

  Most of its patents will be expired until the middle of 2017 and the others will be expired until the end of 2016 or the beginning of 2018.

  In the year of 2018, will the current patent situation be totally changed after the related basic LED patents be expired in 2017?

  Indeed, some basic LED patents will be expired at 2017. However, those patents are just a small part of LED patents. In the aspect of the whole opto semiconductors industrial value chain including epitaxial wafer, chip technologies, packaging and module technologies, we still have thousands of patents. Most of those patents will still be valid after 2017.
  Otherwise, as it is know by OSRAM that the investment of the industry on LED research and development and patents doesn’t change sharply. Therefore, it is believed by OSRAM that the total quantity on valid LED patents will increase in recent years. The technologies of LED will continue to develop in each level and aspect. The corresponding intellectual property layout will also follow accordingly. As the success acquired by various technologies in markets, it is believed by OSRAM that new patents will also appear.