On February 19, 2021, the Kanagawa Regenerative Cell Medical industrialization Network (RINK) and Kanagawa Prefecture held "RINK FESTIVAL2021" online. The purpose of this activity is to promote the practicality and industrialization of regenerative medical care in Japan, which is held once a year as a place for exchanges among enterprises and institutions, researchers and students all over the country.
The Patent Office, which supports the launch of intellectual property activities, has the theme of "the combination of patents for money" to launch the alliance strategy that should be implemented. At Biological Startup, how to negotiate with leading companies to achieve successful alliances, how to obtain valuable patents, tips for working with experts, lectures and discussions of experienced intellectual property experts have been completed.
The intellectual property experts present at the meeting were COO Law firm ZeLo, a director of iMU Co., Ltd., and Yoshihito CLO, a representative of the staff of Media Consulting Co., Ltd., patent agent / director of Grand Green Co., Ltd. From the Japan concession Office is the Assistant Chief of the Planning and investigation Section of the Ministry of General Affairs (Venture Capital support squad leader) Tetsuke Kamada. Akio Kitajima of Takagawa ASCII Comprehensive Research Institute / ASCII STARTUP participated in the event as a model.
At the beginning of the seminar, Mr. Kamada of the Japan concession Office introduced the model agreement of the intellectual property portal "IP BASE", the intellectual property acceleration Program "IPAS", the start-up of research and development and the open innovation promotion of enterprise companies as a support measure for the launch of the Japan concession Office.
Assistant Chief of Planning investigation Section (Venture Capital support squad), Tetsuke Kamada (right), and Akio Kitajima, ASCII STARTUP (left), General Department of Japan concession Office
IP BASEは、スタートアップが「まず見るサイト」、知財専門家と「つながるサイト」として、IPASの最新情報、先輩スタートアップの知財戦略事例集、スタートアップ向け知財セミナー・勉強会の開催情報、知財専門家へのオンラインQ&A、スタートアップ支援に意欲のある知財専門家の検索などのコンテンツを提供している。
知財アクセラレーションプログラム「IPAS」は、創業期のスタートアップに対し、知財専門家とビジネス専門家からなるメンタリングチームを派遣し、ビジネス戦略に連動した知財戦略の構築を支援することを目的に2018年から開始。過去2年間で25社を支援し、IPAS支援開始以降に出願された特許件数は81件、支援後に資金調達した企業は10社、1社がM&AでEXITするなど着実に成果をあげている（2020年9月16日現在）。2021年度の公募情報についてはIP BASEで告知予定
"Open innovation of model contracts promotes R & D start-ups and commercial companies", cooperation between large companies and start-ups, lest large companies are unilaterally advantageous contracts, and the response is specified in case of problems. At the end of June 2020, the Model Agreement, which takes the start-up of research and development of new materials and the cooperation of enterprise companies as an example, was made public. AI was added in December, and the authorization agreement for university × startup is being developed.
How to turn patents into money-the Alliance Strategy that should be practiced in Biological Startup
Then, lawyer Qidi introduced it with the theme of "the combination method of converting patents into money ~ the alliance strategy that should be practiced in biological initiation".
Mr. Sakidi Kangwen, a lawyer at COO/ Law firm COO/, Director of IMU Co., Ltd.
Biological startup benefits from alliances with pharmaceutical companies and manufacturers in many cases.
The alliance can consider two models, namely, the "seed-derived" and "managed" models that accept loyalty and milestone payments through intellectual property licensing, that is, the intellectual property know-how is maintained on the initial side and the unit price of the results is obtained. but make the alliance successful in any case. Smooth negotiation is the key.
The alliance negotiation process generally includes: 1) making the alliance plan; 2) creating the long list of candidate partners; 3) creating the long list of candidate partners; 4) creating the short list of candidate partners; 5) negotiating the glossary (basic information); 6) negotiating the final contract; 7) signing the contract 8) according to the operation process, it will take 6 months to 1 year to negotiate.
It is necessary to make a plan in advance. When contacting 3's long-list destinations, be careful not to divulge important information before signing the NDA.
It was stressed that it was important to negotiate the five glossaries. It's hard to change in the future, so I want to install it well. Starting from the negotiation stage of the final contract of 6, negotiations are conducted by external lawyers. It is also important to confirm whether the contract will be carried out after the contract is signed.
When disclosing information to large companies, you must connect to NDA, and it is important to strictly select the information provided after signing. The management of the information pre-recorded as "CONFIDENTIAL" in this material is thorough, and the application for patent is also necessary.
The contract contains non-competition clauses, intellectual property sharing and use restrictions, depending on the duration of the contract, will lead to future business restrictions for startup, so attention should be paid to confirmation.
Finally, it also introduces the TIPS that the biological startup can make the negotiation proceed smoothly.
One is to apply for a valid patent. Next, there is an alternative. At the same time, the difference in the balance of power with large companies has been reduced through negotiations with a number of companies. In addition, it is also effective to use policies related to the business cooperation initiated by the Patent Office of the Ministry of economy, Trade and Industry in the negotiation materials.
If you want to entrust external experts, the key is to find people who can be present in the negotiation. Consideration could also be given to establishing CAO (Chief AllianceOfficer: chief collaborator) / CLO (Chief Legal Officer: chief legal Officer).
Thoughts on the Patent of money Regeneration Medical and other products
The introduction of the gate patent agent is about "the idea of money to regenerate the patent for medical products and other products".
Mr. CLO Damon Liang Ren, representative employee patent agent / director of Grangreen Co., Ltd., Madip Consulting Co., Ltd.
Drugs become high value-added products through chemical substances and information, but from the perspective of patents, chemical substances can be protected by "substance patents" and information can be protected by "use patents".
In order to obtain patents that help prolong the life of the product, 1. Active ingredient, 2. Efficacy, 3. Dose, 4. Usage, 5. Combined drugs / use attention, 6. It is important to maintain six points of peer diagnosis. These points are absolutely unknown before the patent application, and it is best for pharmaceutical companies to complete the basic application before they speak.
Comparing the products such as regenerative medicine with the old-fashioned low molecular medicine, the material patent of low molecular weight medicine is the most important, but in the products such as regenerative medicine, the right of substance patent is very difficult. therefore, it is necessary to protect it with various patents in more aspects. On this point, whether for products such as low molecular weight pharmaceuticals or regenerative medicine, as the value of patents, material patents as the "golden axe" and use patents as the "silver axe", its importance remains unchanged, therefore, it is important to focus on these two types of patents and build a patent portfolio.
Drug discovery technology, especially in the field of regenerative medicine, such as products derived from such iPS cells, can easily become a patent for manufacturing methods, because it is a right to invent, better substance patents and applied patents as drugs are high-value products.
Judging from the actual product patents obtained by pharmaceutical companies, they are often rightalized in the combination of substances and uses. For example, the Timsell HS use patent, launched in 2015 by JCR Fama Co., Ltd., is entitled in a claim for the use of a combination of substances and uses, consistent with the active ingredients and efficacy of the product.
When obtaining a patent, it is best to first put the product image, press the above six key points, and then consult the patent office.
What is the valuable information (patent) in the field of biology?
In the second half, "what is the valuable information (patent) in the field of biology? "" the sooner the patent rights become, the better? "" what is the method of using experts in negotiations? The three topics of "are discussed freely (the following is honorified in this article).
Qidi: I am also in favor of patenting substances rather than methods. Whether it is easy to exercise patents is what pharmaceutical companies care about.
Gate: the patentee cannot enter the site of the pharmaceutical factory, so it is difficult to prove even if there is a legal infringement. If it is the part of the use written in the appendices of pharmaceuticals such as ingredients and efficacy, the proof of infringement is also easy, and there are many cases in which lawsuits for infringement of commodities are carried out advantageously.
Qidi: is it better to apply for college biology from the university or to go out? what is Mr. Damon's idea?
Damon: I think the university had better be on the side of friendly forces. There will also be stages of negotiation in the future, so it is basically based on collaboration. However, if we are keenly aware that this is our patent and explain to the intellectual property heads of the university what strategies they want to adopt to achieve rights, we can get cooperation.
Qidi: the KPI of a university can easily become the number of patent applications, and there is no incentive to get a strong patent, which makes me feel a topic. There, it's important to start from the starting point.
Door: the job of the university intellectual property director is to pick up the seeds. Because turning it into a business is the starting role, the form of patent claims that you want to obtain will change. If you don't have internal resources, just ask experts outside the company to help.
Qidi: recently, there have also been cases of enrichment of the system such as early examination, and the initiation of early acquisition of patents is also increasing. However, once the right is changed, it also has the disadvantage that the scope of the right can not be expanded or changed.
Damon: it depends on the cash flow of startups. Even if an application is applied, a request for review will not be made if there is no money, and it is also important to slowly advance the entitlement before ensuring the funds. If the intellectual property budget is generous, get the patent in advance for early examination to reassure investors, or you can get one-time funding in joint research, the path of entitlement, and the invention loss of the sub-application has a hand to check other companies while leaving it. Here, if there is an internal intellectual property person, you can file a divisional application, but the external patent office does not know the internal budget of the company, so it cannot go so far.
Qidi: before applying, it is necessary to formulate an overall intellectual property strategy and budget plan. In the case of early application and entitlement, it is also recommended to apply for separate cases.
Damon: I think it is very important whether there will be experts present in the negotiation. Due to the presence of the person in charge of legal intellectual property, it is absolutely disadvantageous not to start a business. The message sent by the other party is sometimes not correctly understood, so the negotiations are not going well.
Qidi: things that can be solved on the spot must be brought back first, which also has an impact on the sense of speed. The negotiations are raw, so there will be better results if they are carried out on the spot.
Gate: if it is an internal residence, you will be present. Change the wording on the spot. Not all operators are people with knowledge of legal and intellectual property rights, so it makes sense to support them.
Saki: I am often asked where to find it, but because the quantity is still small, it is very difficult.
Damon: I think the enthusiasm part that wants to support the start is more important than the ability to be a lawyer and a defense lawyer. Enthusiastic people will also send messages on SNS. Please use IP BASE and such activities actively.
