The National Institute for Materials Science (NIMS) in Japan has announced that the licensing scheme for its comprehensive patent on red phosphor has been changed since October 1, 2018. The red phosphor patent was divided into two groups, a group of materials and manufacturing patents related to the manufacture of phosphors and a group of application patents related to the manufacture of LED devices. NIMS will enter new licensing contracts with companies to which these patents are applicable.
The new licensing scheme will apply to the patents on the nitride red phosphor by the name of CASN, SCASN or 1113 phosphor (S/CASN phosphor). NIMS decided to divide its S/CASN phosphor patent into manufacturing patents and application patents to protect the profits of designated phosphor manufacturers and devices.
Originally, LED devices producers could purchase and use S/CASN phosphors from phosphor companies holding NIMS’ patent without acquiring an application patent license from NIMS. However, this licensing scheme did not allow NIMS to effectively enforce its patent right to prevent companies from purchasing S/CASN phosphors from unlicensed phosphor manufacturers and using them to produce LED devices.
The separation of the red phosphor patent is to ensure appropriate, large-scale patent right enforcement. The application patents will be licensed to device manufacturers who intend to purchase S/CASN phosphors from designated phosphor manufacturers. The new licensing scheme will enable NIMS to directly license device manufacturers.