Patent Strategy for SMEs: A Powerful Ally for New Businesses!
When considering various ideas for a new business, you might sometimes think,
Could this actually be patented??
However, just thinking about it won't make it a patent.
You need a strategic process to shape it into a patent and utilize it in your business.
It is not easy for an SME to file for a patent, but it is not impossible either.
Today, I would like to think a little about such patent strategies.
Even though I might look like this (what do you mean by that??),
I spent five years in an intellectual property department, so I'm going to talk a bit about it! ^^)
Purpose of Patents (Usage Scenarios)
In the first place, what are patents for?
Sometimes the reason for filing is just because it's cool, but it is important to consider usage scenarios from a business perspective.
The usage scenarios I often talk about are like this (in reality, there are more).
Prevention of imitation and copying by other companies (securing sustainable competitive advantage)
Negotiation material (enabling equal contract negotiations with large companies, increasing value for licensing, M&A, etc.)
Branding and image strategy (making people think you're amazing!)
Which of these is most important varies depending on each company's situation.
What are you doing it for?
Thinking about your own company's patent strategy is the starting point.
What can and cannot be patented
There are rules for patents, and they are stipulated by laws and regulations in each country.
In Japan, the Japan Patent Office's explanatory page is well-organized.
Although there is a lot of text, it has become much easier to understand compared to before lol
If you look at this much, you'll be all set lol
Just glancing through it is fine.
With that in mind, as a business owner or someone in charge of new products or services,
there are two points you should consider:
The parts you absolutely do not want copied by other companies
Among the various ideas you have considered, clarify the points where you think,
I definitely don't want this part copied!
Try thinking along the lines of, if another company were to release a competing product or service,
would they copy this part? Being copied means that
the part is distinctive and highly valuable.
Since it is an idea you came up with yourself, you don't want it to be copied for free, right?
Usually, people don't think that far ahead!? The points of obsession
Conventional products and services are lacking something,
which is why you develop new products and services.
If that is the case,
identify the
points of obsession where you think, 'I worked hard on this, I was really particular about this,' or 'Usually, people wouldn't even think of this,'
and clarify those points.
Of course, self-satisfaction alone is not enough; you must logically explain the benefit that
because of that obsession, you can do things that were previously impossible (a unique feature of patents is that even a bit of sophistry is okay, lol).
Technically, this is referred to as industrial applicability (utility value).
Before consulting with a patent attorney
When applying for a patent, you can handle the procedure yourself (though it is quite troublesome),
but in many cases, you will receive a letter from the Japan Patent Office called a Notice of Reasons for Refusal.
In short, it is a letter saying, Your application will not be granted a patent.
However, this is just a ritual, so it is fine if you provide a proper rebuttal.
Since this interaction with the Patent Office and the creation of rebuttal documents are difficult,
you will usually ask (consult) a patent attorney.
Patent attorneys are experts in intellectual property and, like lawyers, are holders of national qualifications.
Prior art search (rough overview)
After organizing your own ideas, you will explain them to the patent attorney, but
this is actually quite difficult.
The terminology used is different, so it is hard to get the point across...
Therefore, what I recommend is doing some preliminary research on existing similar patents beforehand.
This is called a prior art search.
The content of a filed patent is made public 1.5 years after the filing date.
You can view the contents of tens of thousands of past patents from other companies for free.
Japan Patent Office Search System (J-PlatPat)
Let's try searching for patent gazettes (Explanation by the Japan Patent Office)
The search system and the guides on how to search are all free!
Start with keyword search
and then search by company name
for competitors. First, check how many relevant patents exist, if any. You can find new keywords from the gazettes that appear. It's basically the same process as a web search.
Trend analysis (What keywords are used and how many results are there?)
Competitor research (Are competitors filing applications?)
List potential points for patentability (narrow down the scope you want to claim for your company)
Get a feel for it by looking at actual patent gazettes filed by other companies.
It is important to have an image of the final document.
(If your idea is clear, a patent attorney will handle the formalization.)
If you do this much preparation,
your conversation with the patent attorney will go smoothly.
The perspective of: Could this be a patent?
Before launching a new product or service,
if you think, "Could this be a patent?"
it's a good idea to try doing a little bit of research.
Eventually, AI might be able to help us with this,
but it seems there are no such free services yet.
Actually, patents and AI are a very good match,
so support tools will emerge eventually.
Once that happens, competition will intensify, and patent strategies will change drastically!
I wonder how many more years
traditional patent strategies will remain effective.
Along with new business development,
I also provide support for patent strategy!
This article was written by
Shigeki Kawahara, a "Future Realization Partner" who helps increase revenue pillars
https://mousoubiz.com/
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