China and Japan of rare-earth industry almost simultaneously, but because of patent barriers, some high-end applications manufacture products such as neodymium Iron Boron does not export correctly. After nearly a year of preparation, 7 from downstream of China rare earth Neodymium Iron Boron enterprises decided to break Japan re patent barriers and "stand".

Yesterday, the Ningbo create strong magnetic materials Ltd (hereinafter "Ningbo Genesis") General Manager Zhao Hongliang told the newspaper reporters in the United States with the help of lawyers, some of China's rare earth companies prepare to join hands and Japan play a patent lawsuit, and preparations have been done for almost a year.

This reporter received a copy of the data shows that Japan Hitachi metal in the world that neodymium-Iron-Boron will be applied to more than 600 patents, which authorized 8 ND-Fe-b enterprises in China had 149 (there are 4 has expired) United States patents. "Hitachi metals get so many patents, is nothing more than in order monopoly neodymium-iron-boron. "Shenyang North magnetic technology limited liability company (hereinafter" the General magnetic "), Sun Baoyu, Chairman says.

Separate figures showed that China now yield an estimated 80,000 tons of neodymium-iron-boron, which patent license has a capacity of 20,000 tons, of the remaining 60,000 tons, has 30,000 ~4 tons on the domestic market to digest, there are 20,000 ~3 tons exported to patent license. "20,000 to 30,000 tons, are the high end market demand, affecting the future development of enterprises. "Sun Baoyu had said to the reporter, because there is no licensing of Hitachi metals, General magnetic in the production of NdFeB, downstream customers to buy.

Neodymium-Iron-Boron export was patent barriers Chinese companies join forces to break the monopoly

Exports were patent obstacles

Sun Baoyu had told reporters last August, was through the Organization of part of the ND-Fe-b enterprises in China to set up alliances, prepare to break the monopoly of Hitachi metals. This Alliance was named the "rare-earth permanent magnet industry strategic alliances in technological innovation", the Member unit Ningbo, apart from General magnetic and create, as well as Ningbo permanent Magnetics co, Ltd, Ningbo Tian Co Ltd, Hangzhou permanent magnet Group Ltd, Ningbo huahui magnetic source material co, Ltd, Guangdong Jiangmen limited, 5 companies.

Introduced Sun Baoyu, the League's mission is co-financed, common research and development, work together to tackle intellectual property rights (including patents), "our company could not contend with the Hitachi metals, 7 companies together, combined with the legal team, in order to compete. "

Downstream applications of magnetic rare-earth areas of relative prosperity, neodymium-Iron-Boron material is widely used in motors, wind turbines, motors and electro-acoustic and other areas. But this relatively prosperous areas, have been Japan Hitachi metal by means of patented technologies have a lock.

Which,Japan live friends company had in 1998 joint United States Magnequench(wheat grid Kun magnetic) company started United States 337 survey(case,: 337-TA-413), due to involved of two home China enterprise doesnot should v, eventually, United States International Trade Committee toout "General excluded makes" (general exclusion order), that unlessmade live friends (2003 hòu became Hitachi metal) or wheat grid Kunmagnetic of license, Otherwise any violation following United Statespatent, of ND Iron Boron products are not sales to United States,including: patent, 4851058 (wheat grid Kun magnetic of patent), and4802931 (wheat grid Kun magnetic of patent), and 4496395 (wheat grid Kunmagnetic of patent), and 4770723 (live friends of patent), and 4792368(live friends of patent) and 5645651 (live friends of patent).

Hitachi metal acquired in 2003 by Japan's Sumitomo Corporation, Sumitomo is also made in terms of ND-Fe-b sintered patented technology. Among them, the last item above patent number is NdFeB magnet industry in China is known as "the cobalt patent" Hitachi metals essential patents, the patent in the United States is valid from July 8, 1999 to July 8, 2014.

"When the cobalt patent expires, the patent ' general exclusion order ' would also fail on the same day. "This means, neodymium-Iron-Boron products in China after July 8, sold to the United States, even in the absence of permission from Hitachi metals, there will be no legal obstacles.

But in 2012, Hitachi metals took 4 set off a new round of technology patents "section 337 investigation" in an attempt to regain the "general exclusion order". The end result is, Hitachi metals and sued three Chinese companies to license reconciliation ended and three magnet application of upstream and downstream firms charge dropped.

In the eyes of other neodymium-Iron-Boron enterprises, Hitachi metals, the lawsuit seems to be declaring: despite its core patents expire on July 8, 2014, but it has a lot of patents, it will not ease restrictions on Chinese exports. "If Hitachi metals patents were valid, in addition to licensing, 8 domestic enterprises, and other neodymium-Iron-Boron enterprise products are then turned into illegal exports, only domestic sales. "

Joint "fight"

Similarly, Hitachi metals's move, also let some neodymium-Iron-Boron enterprises see hopes of China.

"Hitachi metals must be sued before the most prepared and picked out the core patents. If Hitachi metals sure of winning, it's not reconciliation and 3 Chinese enterprises. "Sun Baoyu believes that Hitachi metals will therefore choose to reach a settlement before the hearing.

Zhao Hongliang introduction, in the past, Japan in terms of ND-Fe-b process went ahead, and advanced instruments and analysis components, applied for a patent, and more Chinese companies are working very hard, and lack of understanding of international trade rules of the game, there is no active consciousness. "After breaking the patent barriers, we will compete fairly with their position in international markets."

Newspaper reporters learned that the 7 companies mentioned above, in addition to the joint fight against Japan patent barriers to trade enterprises, has already set up a research and development team, to improve the processes and equipment renovation, and in China and the United States applied for hundreds of patents, these patents are patents to Hitachi metals supplement areas not covered by.