The Patent Office Venture Support Group on July 9, 2021, the intellectual property strategic online seminar for startups "IT Services, Mono -making, Bio Intellectual Property Strategic Startup points by IP Bas Base in Osaka" in OsakaFree distribution from the creation base "Osaka Innovation Hub".Three intellectual property experts based in the Kansai area have been on stage as lecturers to explain the points of intellectual property that should be kept on IT services, manufacturing, and bioo.
Patent Office measures for startups
In the first part, Yuta Imai, a venture support group of the Patent Office General Affairs Department Planning and Survey Division, introduced measures for startups for the Patent Office.
First, I explained about the intellectual property community portal site "IPBASE" for startups and the intellectual property acceleration program (iPas).The IP Base offers a site that startups are first seen and the site that connects with intellectual property experts, and provides search and consultation functions for intellectual property experts.Information provision includes Japanese and overseas venture companies' intellectual property strategy collections, interviews with senior startups, and information on seminars and event for startups held by the Patent Office.The latest intellectual property information is also sent from Twitter, Facebook page, and official YouTube channel.
Yuta Imai, Venture Support Group, General Affairs Department, General Affairs Department,
The IPAS (IPAS) dispatches an intellectual property mentering team consisting of intellectual property and business experts for startups during the founding period, and supports intellectual property strategies in 5 months.。A total of 154 patents have supported 40 companies in the past three years and have been filed after support, and 22 companies have achieved funds, and one company has reached EXIT.For more information about the content and results of the iPas program, it is published as a case collection in IP Base.
Finally, we introduce a reduction -exemption system with a patent fee of one -third, measures for startups of the Patent Office, such as super early examination, and a comprehensive consultation desk set in 47 prefectures nationwide.You can consult an experienced expert, such as a patent attorney, lawyer, small and medium -sized enterprises and designers, and receive advice, so be sure to use it actively.
IT service intellectual property strategy
KTSIP OSAKA Patent Office Koji Kawabata
第2部では、ITサービス、モノづくり、バイオそれぞれの知財専門家による講義を実施。ITサービス編ではKTSIP OSAKA Patent Office Koji Kawabataが登壇し、「スタートアップこそ知財保護を」「ITサービス特有事情」「特許取得の支援制度」3つのテーマで講義した。
Startup is a company that develops the market with new ideas and innovative services and grows in a short period of time.In the first place, we are trying a project that we do not know whether it will be successful, so there should be returns that match your achievements.There is no startup from a company with a capital power to leave similar later products or services.Therefore, one of the defense measures is to protect intellectual property (patent).
2019年の国内特許出願はおよそ31万件のうち、中小企業はおよそ4万件。大企業に比べてスタートアップの特許出願件数はまだ少ないが、本来、新しいアイデアと革新的なサービスを有するスタートアップは特許と無関係ではないはずだ。他社の参入障壁事例として、米アマゾンは、1999年に取得した1-Click特許の例を紹介。当時、米国オンライン書店のBARNES&NOBLEも「Express Lane」という1クリック発注ボタンを使用していたが、Amazonからの特許侵害訴訟を受けて2クリックに設計変更する結果となった。
As a domestic case, Pepper Food Service, which operates "Suddenly! Steak", acquired a business model patent for steak provision systems in 2016, and increased its business at a stretch, but in 2017, the patent was reduced due to opposition.When it was done, another company came in at once.It is highly likely that the patent was a barrier to the entry of other companies.The only precautions when releasing products and services include 1) a patent application before the release of a new idea and 2) a survey of infringing other companies' patents.
Next, about the unique circumstances of IT services.IT services are often protected as business inventions by business model x ICT.Even if the existing technology is used, it is expected that business inventions will expand in all industries in the future, as the use of smartphones, PCs, servers, etc. can be used as business inventions by utilizing smartphones, PCs, servers, etc. for existing services.。
In addition, it is common for IT services to publish a limited number of prototypes before the product release and develop with repeated improvements.Therefore, the timing of applying for a patent is a problem.In order to prevent entry to other companies, it is ideal to apply for a core idea as soon as possible, apply for an additional peripheral idea before the product release, and apply for a patent as appropriate after the release.
Regarding the judgment whether to apply for a patent application or secret, the IT service can be speculated to some extent from the part that appears on the screen, and it is better to actively apply for a patent.
Also, whether it is an early right after application or postponing the rights, the advantage of being able to appeal to customers and investors as soon as possible is the advantage of right -rights, but later companies.There is a disadvantage that it is easy to create products and services that avoid the range of rights.There is also a strategy to avoid this, and to postpone the rights and make rights after fine -tuning the range of patents in accordance with the products and services of later companies.It can be compatible by split application.
Finally, as a support system for patent acquisition, we introduce the patent cost reduction system, automatic payment system for patent fees, and subsidies for foreign applications.In addition, free individual consultations and seminars by experts are also held at the patent attorney association, local governments, and the chamber of the Chamber of Commerce.
Direction of intellectual property support for research and development type startups
Nakajima Intellectual Property Sogo Office Taichi Ito, a partner patent attorney
モノづくり編では、Nakajima Intellectual Property Sogo Office Taichi Ito, a partner patent attorneyが登壇し、「Direction of intellectual property support for research and development type startups」と題し、「知財戦略策定のステップ」「ビジネスの方向性に応じた知財の目的、出願戦略」の2点について解説した。
One of the issues on the financial aspects that are common in the startups of the early stage is "I have applied for the basic technology, but I do not know the direction of the intellectual property to be aimed in the future", "I have effective measures to prevent imitation and build barriers to entry."I don't know", "Insufficient link between business strategies and patent applications, it is unclear whether patents will be useful for business in the future", and "I have not been able to fully understand other companies."
It is necessary to examine the intellectual property strategy from two aspects of business and intellectual property, and to consider dropping into application strategies and considering contracts. In startups, you can acquire the advanced intellectual property, and intellectual property activities during the seeds and early periods are particularly important. As a step in the formulation of intellectual property strategy, we will first examine business directions and exit strategies based on business issues such as technology and market trends, their strengths, value, and competitive advantage. Next, based on the intellectual property, based on the reorganization and evaluation of our own technology, and the results of the intellectual property survey, the direction of application according to the business strategy is set. However, this alone is not enough to build an effective intellectual property strategy that can compete with Western companies. Therefore, as a form of intellectual property support to aim for, it is used as a specific application strategy after examining business strategies and intellectual property utilization strategies that increase competitive advantage through intellectual property utilization. Use) We proposed to consider the direction of application according to the purpose and the contract consideration.
Intellectual property experts support the independent strategy formulation by startup managers from the intellectual property, and present the direction of application according to the purpose of using intellectual property according to the direction of the startup business.Going is also a role of intellectual property experts.
For example, in the case of providing product services by the company, the purpose of using intellectual property is typically prevent imitation, building a barrier, and the direction of application is core technology, commercialization technology, applications, and how to use it. It will be the right of technology according to the value provided. In the case of the material and parts device business, the purpose of utilization of intellectual property is continuous supply by imitation, competition, etc., and replacement prevention. The direction of the patent application shall be the right to use the functions of the finished product, such as core technology, commercialization technology, etc., as well as the use and related parts of other devices. In the case of collaboration with other companies, the purpose of utilizing intellectual property is to protect, replace the commercialization technology in collaboration, and maintain and expand its business by alternative deterrence. The point of the patent application is the point of the company's value, connection, and related parts, especially in the value chain. In the manufacturing equipment business, the purpose of utilization of intellectual property is to imitate, replace, and prevent alternatives, and the direction of patent application is the right of core techniques related to the basic part of the equipment, preventing detail and know -how leakage (disclosure of details). It will be. If EXIT is M & A, it will be effective to secure various application intellectual property related to business applications.
In this way, in order to devise valid business strategies and intellectual property utilization strategies, and make a application strategy based on this, it is necessary to have a deep involvement and understanding on both sides of technology and law.Startup managers want to improve their knowledge of intellectual property while collaborating with intellectual property experts and promote effective strategies, and intellectual property experts should actively participate in the startup field., And summarized.
Bio's intellectual property strategy
Takeshi Komatani of Yamamoto Patent Law Office
バイオ編では、Takeshi Komatani of Yamamoto Patent Law Officeが登壇し、1）Bio's intellectual property strategyとは2）知的財産と事業戦略3）特許が持つそもそもの意味の違い～バイオとその他4）バイオにおける意義5）近未来的知財戦略 バイオ×α時代に向けて――の5つのトピックについて講義した。
・ What is the intellectual property strategy of bio?
In low molecular drugs, it is often said that drug patent strategies are special because one material patent can monopolize the business.However, recently, new technical areas such as antibody drugs, regenerative medicine, digital medical care, and medical applications have been born, and the patent strategy model of low molecular drugs has become unable to apply it as it is, and strategies tailored to each technology.I need to think about it.
・ Intellectual property and business strategy
In the case of Academia, there are many cases where the claim range has not been firmly examined before applying for the dissertation.If it is assumed to be commercialized, you should clarify the purpose of eliminating other companies, financing, and collaboration, and set a application strategy.
The essence of patent rights is not an exclusive right, but the right to control others.If it is a low molecular drug, you can eliminate other companies with your own patent rights and protect your products.However, in antibody drugs, a drug that has the same function is produced just by changing the amino acid sequence.Then, it may not be possible to cover the entry of other companies with your patent right alone.The intellectual property from Academia tends to aim only at the top of Mt. Fuji, but most of the businesses are doing the fifth station.It is desirable to secure a wide patent right that covers not only the company but also the business of other companies.Regarding intellectual property strategies such as intellectual property portfolios, intellectual property clause has been adopted by the governance code revised this year, which is becoming indispensable for management.
・ The difference in the meaning of the patent in the first place -bio and others
The classic bioter -strategic model is based on low molecular drug models.If you hold down the material patent, you can monopolize for 20 and 5 years.Furthermore, since products that are used in low molecular drugs have obtained pharmaceutical approval, even if the right of the material patent is narrow, the pharmaceutical approval will be a barrier.However, in other industries, there are many patents that cover certain products, for example, it is assumed that smartphones and the like are listed as examples.The meaning of the patent is very different between low molecular drugs and other things, and it is necessary to understand the patent in mind that the monopoly is in mind.
・ Significance in bio
Simple of biotech products such as biotech (for example, antibody drugs) can still use models that are still close to low molecular drugs, but adjustments are required. However, there are cases of lateral products such as biosimillers, and in regenerative medicine technology, the intellectual property strategy of the low molecular drug model is no longer applicable. For example, data is important in recent bio and pharmaceutical industries, but clinical trials and clinical data cannot be fully protected by patent rights, so we must consider the handling of data. In addition, a patent application for pharmaceuticals is required, but in Europe, it is being reviewed based on the standards of Plausability and is shifting to practical business that does not necessarily require real examples, and in the United States, explanations on virtual implementation examples are announced in the official gazette. In addition, in China, the screening criteria were amended in June and the data after the application was to be considered, and of course, it is necessary to devise a way to write the statement, but the actual experimental data is enough for the thesis standard. Nevertheless, the possibility that patents will be widely approved by utilizing virtual implementation examples are becoming ensured.
・ Toward the near future intellectual property strategy bio x α era
Products and services that have been combined with other fields, such as digital health and medical devices x bios, are being born.It will be important to think in various aspects, not a single strategy.
