During each phase of startup
Intellectual property that increases corporate value
Rather than diverting or extending the traditional intellectual property services for mid-sized and small-to-medium-sized companies, our team of intellectual property experts and patent attorneys who are familiar with the startup market provide intellectual property services tailored to the startup phase.
The existing patent system menu focuses too heavily on traditional small and medium-sized business support services, and does not necessarily provide a system that is suitable for start-up companies. HARAKENZO IP ValueUP! In terms of services, we improve the market value of startup companies that create new business models, make intellectual property useful for raising funds, and work together as a team to support them all the way to exit.
professional support
A common problem for startup companies is that they cannot secure sufficient human resources like major companies. In particular, securing intellectual property personnel who can be involved in management is extremely difficult. HARAKENZO IP ValueUP! In terms of services, we provide professional human resources who can help startup companies improve their intellectual property value as external CIPOs.
Startup phase
Intellectual property services tailored to your needs
Generally, a startup's cash flow often follows a J-curve, and appropriate intellectual property care is required at each phase.
At each phase, we propose intellectual property strategies based on our extensive experience and actually implement them as a CIPO.
Custom made for each client
Strategy planning
In addition to phase analysis of a startup company, we comprehensively consider the specific market environment, financial environment, and other comprehensive risk management to formulate the optimal startup intellectual property strategy for each client.
How to prevent startup companies from failing with patents
"If you obtain a patent right, you can practice it with peace of mind without infringing on the patent rights of others."
"Even before the application is filed, it is okay to talk about the invention in sales meetings."
These are misunderstandings.
Even if you have a patent right, practicing the patented invention (using it in business) may infringe on the patent rights of others.You may.
In addition, if you discuss your invention with a business partner before it has been filed, even if there is only one other party, you may not be able to obtain the rights.
Here's what you need to know to avoid ruining your IP strategy.
Business activities may prevent patent rights from being obtained.
◎Business activities such as business negotiations, advertising, and exhibitions may prevent you from obtaining the rights to your invention.
Even if there is only one person involved, if someone who is not under a duty of confidentiality learns of an invention before it has been filed, the invention will lose its "novelty."
"Novelty" refers to the newness of an invention. This is the most important element when examining whether or not a patent is granted. If there is no novelty, a patent cannot be obtained.
For example, an invention loses its novelty through business negotiations, advertising, exhibitions, provision of prototypes, publication of an invention in a publication, and sales of products related to an invention.
Possible solutions include signing a confidentiality agreement with the other party and utilizing remedies provided by patent law.
◎It is safe to start sales activities after filing the application.
It is safe to start sales activities after the patent application procedure is completed.
It is desirable to proceed with patent application procedures without resorting to the remedies provided by the Patent Act mentioned above.
Additionally, if a patent application is a joint application by two or more companies, it is desirable that the joint applicants discuss the timing of business activities, etc. For example, if one of the co-applicants starts marketing activities for a product related to the invention without consulting the other applicants before the application is filed, an article about the marketing activity will be published on the Internet, and the article will be used as the basis. Because it loses its novelty.
You cannot acquire rights just by filing an application.
◎Just filing a patent application does not mean you can obtain a patent right..
Completing the patent application procedure does not automatically mean that you will obtain a patent right. Details of the process to obtain a patent are explained on the following website.
https://www.harakenzo.com/service/pss/
◎Patent fees must be paid to maintain patent rights.
After registering the establishment of a patent right, it is necessary to pay a patent fee (annuity) every year to maintain the patent right. Please note that even after the patent application process, costs will be incurred to acquire and maintain rights.
◎This does not mean that the scope of rights you aimed for when you filed the application will be granted as is.
If the examiner determines that a patent cannot be granted for the scope of rights desired by the applicant, the reasons for refusal will be notified. In response, the applicant is given the opportunity to amend the claims (defining the scope of rights). Amendment means a change in the scope of rights. In many cases, amendments to eliminate the reasons for refusal involve narrowing the scope of rights.
The term of a patent right is 20 years from the date of filing of the patent application. It is expected that product improvements will occur during the term of the patent. In order to protect improved products with patent rights, it is necessary to carefully consider amendments, taking into consideration future development trends.
“Obtaining a patent right” does not mean “it can be safely implemented”
For example, suppose Company A invents a pencil and obtains a patent at a time when the only writing instrument in the world was a brush.
Suppose that Company B subsequently improves the pencil and obtains a patent for a pencil with an eraser.
However, if Company B sells a pencil with an eraser, it will infringe on Company A's pencil patent.
Cases like this patent for a pencil with an eraser are called "utilization inventions" under patent law.
If you create a new invention by improving someone else's invention, you can obtain a patent right if the invention is innovative. However, it must be noted that implementing an improved invention may infringe on the patent rights of another person's invention on which the improvement is based.
pencil Company A's patent |
pencil with eraser Company B's patent |
Application: first | Application: After |
By the way, if Company A sells a pencil with an eraser, it will infringe on Company B's patent for the pencil with an eraser. Therefore, Company A and Company B may consult and license each other's patents. This type of license is also called a cross license.
◎It is important to investigate patent rights of other companies
As mentioned above, even if a patent is obtained, it may not be possible to put the patented invention into practice. Therefore, it is very important to investigate whether the product you are planning to implement infringes on another company's patent rights or uses another company's patented invention.
The research and analysis services we provide are explained on the website below.
https://www.harakenzo.com/service/srch_anlys/
The Japan Patent Office's website has published ``14 challenges facing startups as seen through intellectual property strategy support and countermeasures.''
https://www.jpo.go.jp/support/startup/index.html
As mentioned on the above website, it can be said that obtaining a patent is meaningful only when the invention related to the obtained patent is utilized. Just as getting into your desired school is not the goal, obtaining a patent is not the goal. I would like you to consider your intellectual property strategy without forgetting the strategy after patent acquisition.
Intellectual property information
- "Research Report on Intellectual Property Issues Faced by Startups" has been published. New
The Japan Patent Office has released a research report on intellectual property issues faced by startups.
Although some companies have been working on intellectual property strategies from an early stage, we can see that they have not been able to adequately respond to investigations and applications, and that they are having difficulty with costs. Please take advantage of our low-cost intellectual property support service.Online IP DepartmentPlease also use ``. - "Intellectual Property Strategy Guide for Intellectual Property Managers of Small and Medium Enterprise Venture Startups" has been published.
The Japan Patent Attorneys Association has released the ``Intellectual Property Strategy Guide for Intellectual Property Managers of Small and Medium Enterprise Venture Startups''.
It provides an easy-to-understand summary of basic knowledge about intellectual property, whether to apply for a patent or whether to keep it confidential, how to check the specification draft delivered by a patent attorney, etc. The full text is available at the bottom of the linked page. - Open innovation portal site
A model contract (contract template) has been released that can be used as a reference for startup companies and other companies when signing contracts with other companies.
Model contracts are divided by field (AI, new materials) and by situation (confidentiality, joint research, licensing, etc.).
Article-by-article explanations of each contract clause are also published, which is very helpful. - How to prevent startup companies from failing with patents
This is a column created by our office. We have briefly summarized the points that are often misunderstood about startup companies and the points that you should be aware of.
System/service introduction
Application preparation
Cost measures
Examination request fee refund system
Examination request fee/patent fee reduction/deferment system
I want to save as much money as possible on patent application procedures. The examination request fee/patent fee reduction/deferment system is a system that responds to such needs.
- Half price reduction of examination request fee
- Patent fees reduced by half for 1st to 10th years
- Half price reduction of examination request fee
- Exemption or half-price reduction of patent fees for 1st to 3rd year
- Patent fees reduced by half for 4st to 10th years
From April 26 to March 4
- Examination request fee reduced to 1/3
- Patent fees for 1st to 10th years reduced to 1/3
- Search fees and sending fees reduced to 1/3 (limited to international applications filed in Japanese)
- Preliminary examination fee reduced to 1/3 (limited to international applications filed in Japanese)
The requirements, effects, required documents, and procedures are published on the Japan Patent Office website. You can also use simple judgment.
- Regarding the reduction/exemption system for patent fees, etc.:https://www.jpo.go.jp/system/process/tesuryo/genmen/genmensochi.html
- Simple judgment page:https://www.jpo.go.jp/system/process/tesuryo/genmen/hantei_kani/index.html
Please feel free to contact us regarding the circumstances in which you can apply for the reduction/exemption system, requirements, required documents, fees, etc. When we receive your request, our patent office will determine whether the requirements are met and carry out the necessary procedures.
Examination request fee refund system
After filing a request for review, changes in business strategy or social circumstances may eliminate or significantly reduce the need to obtain rights. In such a case, half of the paid examination fee will be refunded by withdrawing the application and requesting a refund of the examination fee under certain conditions.
- Regarding the examination request fee refund system:https://www.jpo.go.jp/system/process/tesuryo/henkan/index.html
Our patent office will process the examination request fee refund upon request. Please contact us separately regarding fees.
- If our patent office is the filing agent, we will apply for the main search upon request. Please contact us separately regarding our patent office fees.
- This investigation targets cases after a patent application has been filed. Please let us know if you need a pre-application investigation.
- We welcome consultations and requests regarding how to effectively utilize the results of this survey and preventive measures.
procedural strategy
Target companies: Companies that want to understand the application trends of rival companies
Companies that want to create and improve their patent maps
・Early examination
Target companies: Companies that want to have their patent applications examined early.
・Interview screening
Target companies: Companies that wish to have a speedy examination by explaining the technical content and key points of the invention to the examiner.
Companies that want to check the examiner's opinion
・Prompt translation service for cited foreign documents when submitting a notification of reasons for refusal
Target companies: Companies that want to quickly understand the content of foreign language cited documents
・Pension management support
Target companies: Companies that want to prevent pension management mistakes
Companies that want to outsource pension management
Application trend survey
The application trend survey analyzes fields in which Japanese industry has an advantage and fields to be pioneered based on patent information. This information will be useful for future research and development strategies and business strategies. You can also explore the application trends of other companies and understand areas in which applications should be strengthened and the need for licenses.
- Patent application technology trend survey report:https://www.jpo.go.jp/resources/report/gidou-houkoku/index.html
Our patent office conducts research on other companies' application trends based on your company's business objectives and business strategies.
Early examination for small and medium-sized enterprises
Accelerated examination is a system in which examinations are conducted earlier than normal examinations of patent applications. If you apply for accelerated examination of your patent application, you will receive the examination results from the Japan Patent Office in about 2 to 3 months on average from the time of application.
In addition, guidelines have been published by the Japan Patent Office in order to improve convenience for small and medium-sized businesses and to spread the use of the service. Small and medium-sized enterprises refer to small and medium-sized enterprises as defined in the Small and Medium Enterprise Basic Act, etc., and are companies that meet the following criteria for "number of employees by industry" or "amount of capital (or total amount of capital invested) by industry". Even if you do not meet the requirements for small and medium-sized enterprises, you can apply for accelerated examination if you meet other requirements.
Industry | Employees |
Retail trade | 50 or fewer |
Wholesale trade, service industry (Excluding software industry, information processing services, and hotel industry) |
100 or fewer |
Inn business | 200 or fewer |
Rubber product manufacturing industry (Excluding automobile or aircraft tire and tube manufacturing industry and industrial belt manufacturing industry) |
900 or fewer |
Manufacturing industry, construction industry, transportation industry, etc. | 300 or fewer |
Industry | amount |
Retail industry, service industry (excluding software industry and information processing service industry) | 5 million yen or less |
Wholesale trade | 1 million yen or less |
Manufacturing industry, construction industry, transportation industry, etc. | 3 million yen or less |
Small business support system for accelerated examination
(1) Reducing the burden of prior art searches
When a small to medium-sized company files a patent application, there is no need to conduct a prior art search, and it is sufficient to list documents known to the applicant by the time the application for accelerated examination is made.
In the case of a joint application with a large company, if it falls under special provisions, it is not necessarily necessary to conduct a prior art search, and it is sufficient to include documents known to the applicant by the time of application for accelerated examination.
(2) Example of application form
Examples of descriptions required for applying for accelerated examination (examples of prior art search results, document names, comparative explanations) are listed in the guidelines.
In addition to patent applications, accelerated examination is also used for design registration applications and trademark registration applications. The accelerated examination/trial guidelines can be viewed on the Japan Patent Office website below.
Please feel free to contact us if you have any questions regarding the requirements for accelerated examination/trial, required documents, our patent office fees, etc.
Interview examination
Interview examination refers to an examiner conducting an on-site interview examination with the purpose of communicating smoothly with applicants residing in local areas and streamlining the examination procedure. If you are represented by an agent, as a general rule, an interview will be conducted with the agent.
Our patent office's small and medium-sized business support services
Based on the customer's requests and opinions, we will specifically consider the timing, content, etc. of the interview from a strategic perspective.
Rapid translation service for cited foreign documents when filing a notification of reasons for refusal
When a notice of reasons for refusal has been sent to a patent application and the period for response is extended, if the applicant is a foreigner, the reason is to conduct a comparative experiment with the invention described in the cited document or the procedural documents. Extensions of up to three months are allowed for translation reasons.
On the other hand, if the applicant is a resident of Japan, the extension can only be extended for one month if the applicant is conducting comparative experiments with the invention described in the cited document. Therefore, if the cited document is in a foreign language, there is a need to understand the content of the document as early as possible in relation to the response period.
Our patent office's small and medium-sized business support services
Our patent office is knowledgeable not only in English but also in other languages (Chinese, Korean, Taiwanese, German, French), so we can quickly translate foreign cited documents and meet our client's needs. We can respond to your request.
- Translation service:https://www.harakenzo.com/service/foreign-translation/
Pension management support
When a patent application, utility model registration application, design registration application, trademark registration application, or variety registration application is registered, registration fees and annual fees must be paid in order to maintain the rights. Pension management errors can lead to pension rights being extinguished, resulting in wasted costs incurred in acquiring rights. Pension management is therefore extremely important.
Our patent office's small and medium-sized business support services
Based on our established in-house management system, our patent office will notify you in advance of the payment date for your case.
Intellectual property strategy measures
・Measures for using lab notebooks
Target companies: Companies that want to strengthen records and management systems for the invention process
Companies that want to strategically utilize lab notebooks as a way to deal with disputes and other problems that may arise in the future.
・Intellectual property risk mitigation measures
Target companies: Companies that want to reduce intellectual property risks as much as possible
Companies that want to strengthen their intellectual property management capabilities with an awareness of intellectual property risks
・Brand strategy measures
Target companies: Companies that want to strengthen their brand strategy
Companies that want to leverage the strengths of their own brand
General remarks
Intellectual property is invisible and requires a sufficient management system.
For example, let's say your job involves checking the contents of documents. When you have a pile of documents in front of you, you can recognize the tasks that need to be done, so you usually don't forget them. On the other hand, if you don't have a document in front of you and have to look for it yourself, you may forget it unless you write it down so you can recognize it.
In this way, there is a difference in the need for management between visible and invisible things, and invisible things require adequate management. The same goes for intellectual property; since it is invisible information, a management system is important. It is also a good idea to make things visible.
Examples of this "visualization" include the creation of intellectual asset reports and patent/technology maps. Intellectual asset reports are information disclosures that show to interested parties, such as employees and business partners, the activities of a company to generate sustainable profits and improve corporate value for the future. The Patent/Technology Map is a map created to allow you to analyze your company's patent/technical information from multiple angles.
There are various intellectual property strategies, but here we will discuss the use of lab notebooks, measures to reduce intellectual property risks, and brand strategy.
Measures for using lab notebooks
A lab notebook is a notebook used to record the research process. Lab notebooks are important not only for companies that expand their business internationally, but also for companies that do not expand internationally.
For example, lab notes can be used to determine whether or not they are employee inventions, they can be used as materials to identify the inventor, and the invention can be visualized by expressing the process up to the completion of the invention in writing. It is useful as an effective resource for managing intellectual property.
Our patent office provides advice on how to write lab notes, management systems, and strategic use from a legal perspective.
Intellectual property risk mitigation measures
Business decisions involve risks. There are many situations in which intellectual property becomes an issue in business decisions. Intellectual property risk is an important issue that affects a company's profits and credibility. In particular, company executives have a duty of care and loyalty to the company, so they are responsible for intellectual property rights from various aspects, including compliance with laws and regulations, the rationality of business decisions, and the fulfillment of monitoring and supervisory duties. We must strive to prevent risks. Therefore, intellectual property management can be said to be an important measure to avoid and prevent a company's intellectual property risks.
Examples of intellectual property risks include the following:
- Risks that are difficult to predict due to complications due to frequent revisions of domestic laws and insufficient accumulation of precedents
- Risk of infringing on the rights of another company without knowing it
- Risks if the need to obtain rights disappears due to changes in domestic and international socio-economic conditions
- Risk of information leakage due to insufficient internal controls and management
In this way, intellectual property risks occur in various situations. If you can understand what kind of intellectual property risks exist in advance, you can take measures to reduce or avoid risks.
As intellectual property experts, our patent office examines intellectual property risks in each situation and provides advice on avoidance and prevention measures.
Brand strategy measures
Consumers and businesses make purchases and transactions based on comprehensive judgments about a product/service's price, quality, durability, popularity, functionality, design, trust in the manufacturer/seller, etc. In this case, a trademark is a mark of judgment. In addition, a company's trade name functions as an important brand that creates the image of the company. Trademarks are legally protected by trademark law, and trade names are legally protected by commercial and company laws.
By establishing your own brand using a trademark or trade name, you can increase the credibility of your products/services and trade name, increase customer attraction, and expect long-term sales prospects. In addition, added value other than price increases, and there is a potential to withstand competition in areas other than price competition. Therefore, it is especially important for small and medium-sized enterprises to establish a brand image unique to their company.
brand strategy
To establish a brand image, it is first necessary to establish a business strategy.
Next, we decide on the target product/service and naming, decide on the mark to be used, and conduct a pre-application investigation to obtain trademark rights as early as possible. This is because unless trademark rights are obtained, it is impossible to eliminate the risk that others will use the mark and reduce the credibility of the mark.
In addition, it is necessary to be fully aware of the scope of trademark rights, the scope of license permission, etc. This is because trademark rights have a scope in which the trademark right holder can use the trademark themselves and a scope in which they can only exclude others, so the scope of licensing is also limited. Additionally, there is a risk that trademark registration may be canceled depending on the licensee's usage.
With the enactment of the Companies Act, the similar trade name system has been abolished, and there is a possibility that someone else may register a trademark similar to your company's trade name. Therefore, it is important to actively protect trademarks that are similar to your trade name under the Trademark Law. One option is to consider receiving protection (there is also negative protection under the Unfair Competition Prevention Act, but the requirements are strict).
brand management
Establishing a brand image takes time, and trust is built through constant daily efforts. Therefore, it is necessary to monitor whether anyone is using similar marks, take measures to prevent the use of common names, and supervise licensees. In addition, it is necessary to record sales volumes and advertising results on a daily basis, and to manage and preserve data and documents in case of future disputes.
Please contact us if you have any questions regarding brand strategy for small and medium-sized businesses, trademark registration applications, measures to be taken after obtaining rights, etc.
- Trademark dedicated website:https://trademark.ip-kenzo.com/
Information site for supporting startup companies
Technology transfer/patent distribution information
As technology becomes more complex, the number of situations in which other companies' technologies are used is increasing. As an example of the use of intellectual property, by introducing and providing technology through a license agreement, the licensee can manufacture and sell its own products using another company's technology, and the licensor can earn profits from license fees. In addition, companies are transferring patents, trademark rights, etc. based on business succession, and buying and selling their own intellectual property rights and establishing security interests as a means of raising funds.
Our patent office investigates the technology your company is seeking based on patent information and negotiates with companies that hold patent rights related to the technology. In addition, we prepare license contracts with a domestic and international perspective and take into account the relationship with antitrust laws, provide legal advice, and carry out procedures for transferring rights to the Japan Patent Office.
- Technology transfer consultation room:https://www.harakenzo.com/service/tec_transfer/
- Patent distribution database:http://plidb.inpit.go.jp/PDDB/Service/PDDBService
- Examples of successful intellectual property transactions:http://www.inpit.go.jp/katsuyo/db/agentsdb/agentsdb00006.html
Counterfeit product information
If your company's products are imitated, you may not only suffer losses but also lose your company's credibility. However, counterfeit products are often manufactured overseas, and it is difficult to identify the specific infringer. Therefore, countermeasures against counterfeit products are necessary.
At our patent office, we take countermeasures against counterfeit products through our international network of overseas agents and provide consultation, advice, and procedures regarding border control measures at customs.
- Counterfeit product damage and dispute countermeasures office:https://www.harakenzo.com/project/im_ex/
- Measures against counterfeit products:http://www.jpo.go.jp/index/mohouhin.htm
<Contents within the page>
Venture/cocreation Support Station Startup Trademark Guide