The Venture Support Group of the Patent Affairs Affairs Department Planning and Investigation Division co -sponsored by Osaka Innovation Hub (OIH), a co -sponsored intellectual property strategy seminar for startups, "Kiso of Intellectual Property Strategic Bey, which should be suppressed first.IP Base in Osaka] was held on February 3, 2021.
This seminar is based on the theme of "Basics of Intellectual Property Strategy", first remember the ventures and startups of the seed and early periods, students entrepreneurs, entrepreneurs, and companies that are not in charge of intellectual property in the company.I want to lecture the points of the intellectual property strategy that I want to keep down again.
The seminar is two -part, and in Part 1 explains the basic knowledge of intellectual property strategy and the way of thinking about the ideas and awareness of the intellectual property strategy on intellectual property strategy.。In the second part, a public intellectual property consultation was conducted, with the representative of Kansai ventures and startups, and asking experts to give advice such as questions about intellectual property.
The seminar was conducted by the moderator of Tetsuo Kamata, a venture support group of the Ministry of Economy, Trade and Industry's Patent Affairs Department.
In intellectual property strategic seminar for startups held on February 3 "Kiso by IP Base in Osaka", which should be suppressed first.
Mr. Tetsuo Kamada, Leader of the Venture Support Group, Venture Survey Division, the Ministry of Economy, Trade and Industry, Ministry of Economy, Trade and Industry.
Basic knowledge of intellectual property strategy
In the first half of the first part, Hidetoshi Kamiha, an Intellics International Patent Office, explained the basic knowledge of intellectual property strategy.Mr. Ueba is a physics, specializing in fields such as electricity and semiconductors, and has made a patent application for Japan and foreign countries.
Mr. Hidetoshi Kamiha, an Intellics International Patent Office patent attorney, explains the basic knowledge of intellectual property strategy
First, explain the basic part of what intellectual property is.
What is generally called intellectual property mainly includes the following six.・ Patent ・ Practical new plan ・ Design ・ Trademark ・ Copyright ・ Sales secrets among the intellectual property, patents, practical proposals, designs, and trademarks cannot be obtained unless they apply.。
Patent, design, and trademarks have been conducted on a substantive screening after application, but the utility model is registered only for basic applications (however, after presenting and warning a utility model technology evaluation letter.Otherwise, you cannot exercise the practical model right).
The protection period of the rights has been 20 years since the applying for the patent, 10 years from the application for the utility, 25 years from the application, and the trademark for 10 years (but can be updated as many times as many times).Among them, the design of the design was revised in 2020 and the protection period was extended, and the design of "images", "buildings", and "interiors" was added to protection.
The application for applications consists of a fee to be paid to the Patent Office and a fee to be paid to the patent attorney.Specific costs vary depending on the content and contract, but for example, in patents, the cost from application to registration is about 50 to 1 million yen.
In fact, when talking about startups and patents applications, Mr. Uba says, "Be prepared to take 1 million yen per MAX for a patent."In addition, you must pay the "patent fee" every year after obtaining a patent (if you do not pay, the patent will disappear), and "If you keep these numbers in mind, you can understand the cost of patents.Maybe Uba said.
There are six main intellectual property:・ Patent ・ Property plan ・ Design ・ Trademark ・ copyright ・ Sales secret
Next, he explained the issues of intellectual property strategies in the startups, but there are always things that can be mentioned in such situations, such as lack of knowledge, lack of funding, and shortage of human resources.
Since the startup has no human resources immediately after launch, the president often assigns an intellectual property.After that, as the scale grows, a full -time person will be set up, but it is actually difficult to set up an intellectual property expert, so it is realistic to contract with an external patent attorney as an advisor and use external power.Uba suggests that it is a method.He pointed out that it is important to consider business strategies, development strategies, and intellectual property strategies in three -place, which is a management strategy.
It is sometimes asked how to make a profit by a patent, but in that case, Mr. Ueha said, "Even if you get a patent, you will not make money, you will only get money."It is a business that produces profits to the last, and it is a patent to support the business.
How do you support your business by obtaining a patent?For example, a patent will not only be attacked by the market, but also protect other companies.It also leads to monopoly on the market.The business will continue to be stable, and you can control the market.In addition, it is possible to share the results of the company by patents, and to make the technical skills informed the outside.Ueba explained that these points were a big purpose to get patents.
By the way, it is common as an example of a failure in intellectual property.The patent is basically announced if you apply, so if you are planning to apply, you must apply before the announcement (for example, before announcing the product).In addition, it seems that there are many cases where the content presented to be invested at the time of entrepreneurship is filed as it is, and it is taken to apply for application before presentation to prevent such troubles, or a self -defense measure such as concluding a confidentiality contract.There is a need.
A common misunderstanding about patents is to confuse public patent bullets and patent bullets.The Public Patent Bulletin will always be released one year and six months after the application, and the invention described in the public patent bulletin has not obtained a patent, but the invention described in the patent bulletin has obtained a patent.。At the same time, it is often thought that if you get a patent, you will not infringe other patents, but this is also a misunderstanding.For example, patents can be obtained in applied technologies using patents of others, but in that case, the base of the base technology will infringe.
In addition, in the era of mass production and mass consumption so far, it was basically to acquire many patents for one product, but now it changes to a form that does not own anything like a subscription.Ueba pointed out that the patent and intellectual property strategy were changing as a result of being stuck.
Patent acquisition is costly, but it has a major role in protecting the business, and explains that it is necessary to assemble an intellectual property strategy while firmly looking at the purpose.
How to have an intellectual property strategy and how to think
Subsequently, Makoto Uchida, a lawyer of ICRAFT law firms, explained how to hold the startup manager of intellectual property strategy.Mr. Uchida is a lawyer in his main business, but is also a patent attorney, and is also building intellectual property strategies.
Makoto Uchida, a lawyer of ICRAFT Law Office, explained how to hold the startup manager's awareness of intellectual property strategy.
First of all, Mr. Uchida pays attention to the construction of intellectual property strategy, not to acquire patent rights, but has intellectual property rights such as patent rights as a means of protecting business.He pointed out that it was necessary to keep that in mind.There are quite a few companies that have acquired patent rights that have nothing to do with their business, but it is necessary to consider a strategy for patent acquisition from the perspective of what the patent right is really necessary.
He also pointed out that startups should not set an intellectual property strategy with a strategy similar to large companies.Experts who support the application outside should take the time to hear the contents of the invention, taking into account the business and competitors that are scheduled for the future.
At the same time, he pointed out that unreasonable applications should not be made.In a startup with a low budget, it is necessary to judge that you will not apply for something that seems to be impossible.
He explains that when startups acquire patent rights, it is particularly important to make the components as small as possible in order to increase the range as much as possible.For example, if you have a key technology, it is better to take rights with only key technologies, not the entire business model.In addition, it is important to make the contents difficult to avoid due to the design change, to investigate the patent application of competitors, and to consider the direction of rights based on the contents.
In addition, he wants the startup to do the work required for the application together instead of throwing the patent application to an external patent application.Mr. Uchida stated that it is very important because the work of the application together will increase knowledge and experience in the intellectual property on the startup side, and eventually the startup will be able to discover the invention by yourself.。
Patent rights are not the purpose of acquisition, but as a means of protecting business.You should avoid unnecessary patents that have nothing to do with business
At the time of application, we will take a long time and consider future business and business of competitors.It is important to minimize the composition requirements, as well as useless applications.
Next, he explained how he considers the criteria for the patent application.
Uchida says he is always thinking about monetization points when applying for a patent.Patent is to protect the business, but it should be a patent application that includes the part where the user is finding value, taking into account the viewpoint of where the user is finding value and paying.I point out.
The ease of imitation is also a criterion.If the patent is obtained, the technical content must be disclosed, but if the technical content is, for example, a craftsmanship that cannot be managed by anyone, there is no need to obtain a patent right.Similarly, if technical analysis is difficult and the content is easy to make a black box, it is not necessary to obtain patent rights until the technical content is disclosed.
It is also a criterion to determine how long the technology is used.Patent rights are 20 years after application, so anyone can use it after 20 years after the application.If the value of the technology is long, it may be advisable to apply for a patent and make right, and if the technology is lost in a short period of time due to technology advances, it will not dare to apply for a patent.There is also a judgment.
However, he pointed out that if there was a possibility that competitors could apply for patents in the future, it would be necessary for a competitor to apply for a right to acquire rights.
At the time of patent application, it should be the content that includes "monetization points" how the business leads to money.
Experts answer questions about the intellectual property of Kansai startup managers
In the second part, two representatives of the startups active in Kansai are invited, and in the case of actually running a startup, we consult with Mr. Uba and Mr. Uchida about questions about intellectual property.It was a session in the form of consultation.
First of all, Yuki Okada, President of Data Grid Co., Ltd., appeared.Data grids provide and jointly develop B2B applications centered on data generation technology by deep -struck models, and develop technologies, for example, AI automatically generates digital data of non -existent people.
Data grid core technology is a technology that AI itself creates new data.While using deep learning technology, it has two technical features: a small number of data, high -precision and highly operable data generation.
As a priority business area using this core technology, it contributes to the development of high -precision AI by using digital models and photoral avatars, the production of high -quality simulation data and pseudo -data using photorial digital human generation technology.He seems to be challenging security areas such as deep fake measures and drug discovery development.
Yuki Okada, President and CEO of Data Grid Co., Ltd., participated in Part 2
Data grid provides B2B applications and jointly developing B2B applications centered on data generation technology using deep -layered models.
Mr. Okada, who led such a data grid, has begun to think about intellectual property in the data grid since last year, and he has currently filed three cases.Under such circumstances, I think that intellectual property is an important point in terms of financing and improving corporate value, but from a venture capital, what parts will be connected as a corporate value, and the patent is applying for it.There is a question that venture capital can really understand the content.
In response to that question, Mr. Uba has applied for three patents, although it is not easy for venture capital but patent attorney to use the valuable and financial evaluation of the applicant.Answer important.However, looking at the content can determine how much the range of rights will extend, so it is important for management and patent attorney to make the contents while catching, and such exchanges are accompanied by content.He explained that it could lead to a patent.
According to Uchida, venture capital has recently been increasingly evaluated by experts like Uchida.And it has not been evaluated for the value of intellectual property, and it is a meaningful intellectual property in terms of future business, whether the business of the investment destination is firmly protected by intellectual property, and how wide its range is.He said he was looking at whether he was or whether he was infringing on a third -party patent right.
Okada also has the question that the understanding of the patent content cannot be understood unless he has a deep knowledge of the technical area.
Mr. Uchida, on the other hand, said that, although there is a degree, if the patent related to the company is based on the company, he has been evaluated after hearing and listening to the company's business content, the meaning of patent technology, and positioning.Mr. Ueba said that while venture capital does not understand the AI core technology, a patent attorney in that field has basic knowledge and can evaluate the right range.
Mr. Uba and Uchida answered the question of Mr. Okada
Subsequently, Munhiko Sato of Mui Lab Co., Ltd. CTO Co., Ltd.
Originally started as a new business of a large company, and then became independent after working as a subsidiary.We develop UX / UI design and software development related to IoT, and provide IoT platforms that bring harmony between people, nature and information.For example, he is working on the enlightenment and practice of "Calm Technology," designed, such as developing hardware such as smart home interface using natural wood and its back -end cloud systems.
The company has the only strengths of providing the unique IoT device under its own brand, and promoting collaboration with leading companies, both in Japan and overseas.
Like Mr. Okada, Munehiko Sato of CTO CTO Co., Ltd., who participated in Part 2
MUI LAB offers an IoT platform that brings harmony between people, nature, and information, and is working on enlightenment and practice of "Calm Technology" design of information technology that blends into life.
There are three questions from Sato.The first is about patent overseas applications.Overseas applications are expensive and complicated, but is there any benefit to applying to the United States from the beginning?
Mr. Uba, on the other hand, has a market abroad, and if you are going to do business, you should apply overseas. As a system, there is a chance to apply overseas within one year from the date of application in Japan. Also, on the PCT route, it seems that only one application in Japanese applied for one case to about 160 countries. However, since the examination will be in each country, the examination may not be passed. In addition, as the number of applicants increases, it costs a lot of money, so it seems that it is basically to be obtained mainly in the country of origin, the country, or in the provider of services. In addition, the first application to the United States is rarely seen in large companies, but not the majority, and it is not recommended because it is costly. Instead, he said that it would be more advantageous to apply using the early screening system for startups in Japan, and then applied overseas.
The second question is how to decide to stop continuing because of reasons such as not being worth the cost after application.This is also Kamiha's answer.First, there are three timings for evaluating patents, when applying, requesting for examination, and paid pensions, and may be implemented in -house at each timing, the possibility that other companies will implement, and the market.He evaluated the scale and the ease of infringement discovery, and said that if there was no merit in any case, he should decide to stop continuing.
3つめは、将来M＆Aでのイグジットも可能性として考えており、その場合に特許などの知的財産権はどのように評価されるのか、といったものだ。こちらは内田氏が回答。実際に内田氏もM&Aの案件を扱ったことがあるそうだが、知的財産権の価値評価を行って、その価値評価をダイレクトに会社の価値に反映することはほぼないという。ただ、非常に優れたノウハウがあり、そのノウハウによって市場シェアがかなり高いという企業で、そのノウハウの価値を会社の価値に直接反映させたことはあるとのことだった。
Mr. Sato asked a total of three types of questions, and Mr. Uba and Uchida also answered carefully.
