On January 15, 2021, in the venture enterprise growth support stronghold "YOXO BOX" in Yokohama, the Japan concession Office held a free seminar "launch-Iloch for investors' intellectual property support". Yotai Imai, head of the risk support Unit of the Planning and investigation Section of the General Affairs Department of the Japanese concession Office, invited a lecturer to explain the intellectual property strategy and dispute countermeasures with the operators of small and medium-sized enterprises, venture capitalists and other start-ups, the transfer of know-how and so on.
Yotai Imai, head of Venture Capital support Unit, Planning investigation Section, General Affairs Department, Japan concession Office
In fact, it is a substantial intellectual property support measure for startup.
The seminar was held in two parts. The first part, entitled "introduction of support measures for start-up", introduced the launch-oriented IP portal "IP BASE" and the IP acceleration program "IPAS".
IP BASE, an intellectual property portal for launch, is a place to learn and connect with patent agents, lawyers and other intellectual property experts who do not know much about intellectual property rights.
IP BASE introduced the examples of 10 domestic and 8 overseas companies with the theme of "case Collection of intellectual property Strategy of domestic and Foreign Venture Enterprises in advance". Not only the IP strategy, such as the activity system and the use of the case has also been released, it has become a specific image of the content.
For venture capitalists, in the material entitled "Guide to the Evaluation and support of intellectual property Rights of Venture capitalists", guidelines for the evaluation and support of intellectual property rights, trap organizations of investment rounds based on failure cases, advanced examples of other overseas risk support, etc.
In addition, interviews, interviews and columns with previous startups were published. It also provides content for sharing experiences, such as how to use intellectual property rights, what problems there are, and how to deal with them.
In addition, online is currently the main event, but seminars and events are planned and held nationwide. Invited on-site startup guests, published what kind of efforts and other presentations, gathered entrepreneurs and risk-related information exchange seminar activities.
In IP BASE, login member qualification content is also prepared. The "expert search function" is to contact the experts who meet the needs according to the situation of our company. Experts such as lawyers and patent agents also have their own areas of expertise, and it is difficult to find experts who match the type and the nature of intellectual property. This is especially true when starting with few members or less experience, but if you use the search function here, for example, when you want to apply for the activation of intellectual property rights with biology departments overseas, if you search with keywords such as "biology × overseas intellectual property rights", the detailed specialties of that keyword will be displayed in a list. Not only that, because the expert also has the function of obtaining contact, it can be said that it is convenient to carry out one-stop from retrieval to contact.
"online QA" is in the form of an online forum, which will be answered by experts who log in to consult, such as daily intellectual property questions and what to do at such times.
In addition, various learning meetings have been held, which are rich in content. Having said that, because member registration is free, I hope startups must register.
Then it introduces the intellectual property acceleration program "IPAS".
IPAS aims to support an "IP team" composed of multiple experts to establish an appropriate business model and an IP strategy associated with the business strategy for the start-up of the startup period. Since 2018, about 60 applicants have passed 10, 15 in two phases in 2019, and more than 100 in 2020.
During startup, resources are allocated to technology development and commerce, etc., and measures are often not taken to ensure intellectual property rights. In addition, although it has temporarily obtained the patent, it does not participate in the business, and there is the problem that the commercial intellectual property rights cannot be linked together.
By establishing an IP team of business and intellectual property experts, it is also expected that it can be developed by experts in such areas, both entrepreneurial management and intellectual property can be seen.
As a result of the two years from 2018 to 2019, there were 25 supporting enterprises, 81 patents, 10 financing enterprises and 1 EXIT enterprise (September 2020).
According to the experience of 2 years of IPAS program, "14 topics of start-up failure and their corresponding countermeasures seen from the support of intellectual property strategy" are also published in IP BASE.
The Model Agreement ver1.0 is based on the results of the Future Investment Conference, which shows the unilateral contracts of large companies, non-agreed improvement measures, and guidelines.
From the results of the questionnaire survey conducted by the Fair Trade Commission and the experience of unacceptable behavior conducted by large enterprises, about 75% of the startups have accepted the actual situation of unacceptable behavior.
A prototype of the contract that can deal with this clear problem is made, which is made public as a model contract ver1.0. It is characterized by understanding how to solve each problem in a case.
This information is available from the Open Innovation Portal.
As other support measures, let's introduce it below.
Guide of intellectual property support integrated window the intellectual property related troubles faced by enterprises and subject consultation and acceptance correspond to one-stop service to provide free consultation window. The advice of experts such as lawyers and patent agents can also be accepted free of charge.
The handheld of the industrial property professional officer supports the industrial property professional officer (patent office staff) to visit the company (conducted online in the case of the corona) to extract the problems faced by the intellectual property company. After the subject is clear, cooperate with INPIT to dispatch experts according to the subject of patent agents and other enterprises.
Or be asked to recognize the importance of managing resources for intellectual property, which is implemented according to stages, such as planning and implementation support for IP activities in accordance with the business strategy.
In addition, the fee waiver system such as patent examination request fee is also introduced. Start up a waiver system with a handling fee of 1 stroke and 3. Please consult the property rights specialist here.
In addition, in order to support the early entitlement of inexperienced venture enterprises and carefully support the exchange of interviews, etc., in short, it also introduces the "super early review" corresponding to the needs of entitlement as soon as possible. The usual review takes about 9 months to start, the interview takes about 2 months for the early review, and one for the super early review. If you want to get the right as soon as possible, please use it easily.
The IPR Integrated window and early support are focused on the pamphlet, which you would like to download from the brochure page of the Patent Office. It's over.
Part 2: guide to the evaluation and support of venture capitalists' intellectual property rights ~ common intellectual property traps and their countermeasures
In the second part, the intellectual property information summarized by the Patent Office, "guidelines for the evaluation of intellectual property rights of venture capitalists ~ common intellectual property traps and their countermeasures ~", and the introduction of the main projects.
This material can be downloaded from the home page of IP BASE. It collects the real traps that actually occur when investing, and deals with cases at home and abroad.
And intellectual property support has brought huge benefits in terms of investors. Intellectual property support, such as being acquired at a much larger amount than the amount of investment, has become a big result, although it has already come out, but the situation that venture capitalists should pay attention to has been introduced.
Intellectual property is not just a patent right
The names of services and products are trademarks, designs are design rights, ideas and customer information are trade secrets, crops are protected by copyright, and there are all kinds of intellectual property rights.
The intellectual property strategy is not "how to ensure a wide range of patents", but takes into account the intellectual property factors of various places in the entire management strategy.
Investors from the perspective of intellectual property strategy
Venture capital often tries to protect technology, and intellectual property experts are also good at rights, but they do not have a management point of view. By joining the perspective of investors and bringing the perspective of market and alliance goals to the intellectual property strategy, it is expected to play a role in balancing technology and intellectual property.
Cases and Countermeasures of intellectual property disputes
From this information, major cases of disputes, examples of traps and how to support them have been prevented.
There is no intellectual property strategy in the business plan
In some cases, conflicts bypass the company's patent entry, or find that the company infringes upon the patents of other companies.
Because it is unexpected that there is no investigation of competitive intellectual property information, it is important for the person in charge of intellectual property strategy to add intellectual property strategy to the business plan and to investigate competitive intellectual property information.
If the core technology is disclosed to the institute's published papers or joint research units before the application of the core technology, the basic patent cannot be obtained.
It is necessary to consider the time of application and the timing of publication. Once patents and designs are made public, the right becomes difficult. When CEO is different from technicians and developers, it is often inadvertently made public.
Learn as well-known examples, demonstrations, sample provision, etc., these publications are understood to provide content that is considered known, when you have to announce promotional content, it has become known that it is necessary to consider another method of expression.
In addition, the researchers added that agreement needs to be reached on which part of the technology is used in the career, and what is the timing of applications and papers.
Under the conditions of the joint research contract, the active use of intellectual property rights is restricted and cannot be licensed from the university.
When starting joint research with enterprises, it is necessary to discuss whether there is the possibility of setting up venture capital before signing the contract, and negotiate and sign contracts with enterprises. At the same time, we should pay attention to the license terms of the university cooperative research contract, such as whether there is a problem in the use of rights in the establishment of venture capital. The intellectual property universities that are necessary to start a business have separate rights (separate applications for technologies that jointly study different implementation methods), etc., and it is necessary to restrict entrepreneurship without prior arrangements.
Intellectual property does not correspond to business model
When transferring from the target market to different markets, additional development is carried out, forgetting the entitlement of intellectual property rights, other companies apply for peripheral patents, and there are cases where they have to readjust their business strategies.
To establish an intellectual property strategy covering the scope of business, of course, to implement the business model, to match the intellectual property EXIT, to confirm whether it corresponds to intellectual property once the pivot, to set the acquisition of intellectual property as a milestone, etc., to establish an intellectual property awareness workflow.
Management, investors, considering intellectual property Strategy at the regular meeting of patent agents, I would like to note that management is always aware of intellectual property, because it can also deal with pivots through customization, such as re-evaluation.
Although the basic patent is ensured, the surrounding intellectual property rights are suppressed by other companies, and the business does not expand.
Even if you only hold the basic patent, if you do not obtain the surrounding intellectual property rights, you may be suppressed by joint research companies and competitors. To build the intellectual property portfolio needed for business growth, we need to evaluate not only the basic intellectual property rights, but also the surrounding intellectual property rights. In the case of cooperation, please pay attention to information management and joint application, and be careful not to control the surrounding intellectual property rights.
Focus the EXIT script too much on collaboration with our company
After signing the joint research contract in the side letter, CVC has excessively limited the cooperation with the potential competition with the company, and there are some examples of reducing the reputation of the risk community.
Investors want to give priority to venture capital to support growth and EXIT. It is better to give priority to the growth of venture enterprises and to consider rich and colorful EXIT schemes.
The loss of reputation in the ecosystem can be fatal and may affect returns.
System Construction of intellectual property Evaluation support
Institutionalize the evaluation process within the company and share proprietary technology.
In a VC in the United States, intellectual property due diligence is conducted in the early stages of the investment process. In this case, not only within the company, from consultants are always experts outside the company, technology and intellectual property rights, a process, taking market reference, has been evaluated and introduced in depth to the case of how to use intellectual property rights.
Imai stressed once again that the significance of the intellectual property strategy of investors supporting venture capital is increasing at the end of the seminar. It is very important to consider the intellectual property strategy of intellectual property elements everywhere in the business strategy, and the role of investors is to open up the viewpoint and expectation of intellectual property strategy.
In order not to fall into the intellectual property trap, it is necessary to implement the intellectual property strategy in the business plan, but investors and venture capital firms fall into the intellectual property trap in each round. Early strategic support can avoid pitfalls and build important and seminar content in the institutional structure of intellectual property evaluation support both inside and outside the company.
