Patent Application
■ Invention Consultation Support
It is a service that solves the following problems according to the client's request.
This is a service in which our experienced patent attorneys find out inventions while listening to the explanation of an engineer, sort out the points, and complete the invention while making up for the insufficient aspects. If necessary, we will also give you advice on application strategies.
We have many patent attorneys with specialized fields such as organic / inorganic chemistry, pharmacy / biotechnology, mechanical / mechatro, electrical / electronic, system / control, information / communication, etc., and support a wide range of technical fields.
■ Support for Application Procedures
It is a service of preparing a specification for patent application for the entrusted invention, confirming the contents, and then filing it to the Japan Patent Office.
We focus on the following points in order to produce high-quality statements that are effective for your business.
Invention is an inventor's drama for solving problems. We aim to create a specification that impresses the examiner by revealing all the information hidden in its drama.
In addition, we will continue to research frequently on law revisions, changes in examination criteria, important court cases regarding the description of specifications, etc., and provide high-quality and cost-effective services.
■ Support for Drafting and Filing of Argument, Amendment, etc. in Response to Notification of Reason for Rejection
JPO examinations are carried out by humans, not machines. Therefore, even though the examination criteria are set, the practice is different for each examiner. In addition, the operation differs depending on the technical field. Therefore, it is not always the case that examination results come steadily for all examiners and fields.
On the other hand, the applicant must also change the response to the JPO according to the client's application strategy. There are applications for the purpose of securing patent, applications for the widest possible rights, applications for not being interrupted by others, applications for avoiding infringement to other companies, etc., so it is required to be dealt with them individually.
We do not judge only by the words of the reason for rejection, but also try to understand the meaning between the lines, and will provide the best draft opinion after considering the examiner's thinking and the characteristics of each technical field. In addition, if it is necessary to change the claims (range of rights that can be acquired), the amendment proposal will be created with the client's business strategy in mind, paying close attention so that the patent to be acquired can be fully utilized in the business.
We will provide the best service so that you can obtain a patent certificate as a useful property without ending up with just a piece of paper.
■ Support for Various Trials Such as Appeal Against Decision of Rejection and Appeal for Invalidation of Patents
In Japan, there is an appeal trial system as a remedy when you are not completely satisfied with the examination results or when you want to invalidate the patents of other companies that hinder your business. Unlike examinations, appeal is proceeded by a plurality of judges. Therefore, the appeal can be said to be a substitute for the first instance in a trial.
The most important thing in deciding whether to file a trial against a decision of rejection is never to be overwhelmed by emotion. It is necessary to take the examination results seriously, analyze the grounds for refusal in detail, and arm yourself with persuasive theory.
In addition, when requesting a trial for invalidation, it is necessary to search for evidence materials by carefully considering the impact on one's own business, rather than simply looking at the patent of the other party and preparing evidence materials for invalidation.
In addition, it costs substantially to file an appeal. Further, more important than money is the risk of failure. If a trial against the decision of rejection fails, the business would have to be continued without being protected by any rights. In addition, if a trial for invalidation fails, the other party's position will be advantageous.
We will fully respect the will of the clients and support the clients with information collecting and strong theoretical armament necessary for appeals. Also, we will take care to minimize the risk of failure. In addition, we will explain how to deal with risks in an easy-to-understand manner.
■ Support for Appraisal
When you encounter a patent issue, you need an "Appraisal" to decide the direction of your business. For example, when resolving a patent infringement case, the decision whether to settle the case in court or bring it to a settlement is a very important decision in determining the direction of the business. If you decide only on emotion, it may cause irreparable situations, incur irreparable court costs, worsen the relationship with the other party, etc., which may cause a big hindrance to your business. In such a case, a third-party appraisal report by an expert is useful. It is not rare for a case to be resolved smoothly by intervening the judge of a third party in a dispute between the parties. The appraisal also functions as a powerful material in trials and negotiations with the other party.
However, appraisers are required to have specialized legal knowledge and technical understanding. Further, the most important thing is to grasp the facts from a neutral point of view and make an appraisal logically with a calm judgment.
As a group of intellectual property experts, we strive to create a fair and precise appraisal report after accurately recognizing the facts from the perspective of a third party.
■ Support for Resolution of Patent Infringement Cases
There are two types of infringement cases: infringement to others and infringement from others. Of course, the response will be completely different depending on the case. In general, patent infringement cases are often disputed by competitors, but in some cases, you have to deal with non-competitors, such as patent trolls. In that case, a different response from that to a competitor is required. Therefore, in order to resolve a patent infringement case, it is necessary to respond flexibly on a case-by-case basis.
However, what is common in all cases is knowing the other party before the patent itself. In this sense, it is no exaggeration to say that the infringement case is a battle of information. We take a bird's-eye view of the case, collect as much information as possible, analyze and organize the information that works for our clients, and propose the best solution. In addition, we can act on your behalf in trial procedures and negotiations, or discuss and share strategies and tactics to assist from the backyard.
In addition, in 2019, a new "visa system" was established as a means of proving patent infringement. This system is a system in which an expert designated by the court conducts an on-site inspection of the party's factory and distrain evidence of infringement. The important thing here is what kind of evidence to look for and how to look for it. We will assist you with the newly introduced visa system so that visas can be performed efficiently and the information you want can be obtained accurately.
In any case, it is imperative that the client and us work together to produce satisfactory results the client. We respect the wishes of our clients and spare no effort to come up with the best solutions through close communication. We will do our utmost to support our clients in cooperation with attorneys at law who are familiar with intellectual property rights, if necessary, so that we can solve the problem in a satisfying way, rather than making an easy compromise.
■ Other Patent Legal Support
Companies that possess intellectual property are required to fulfill their obligations stipulated by laws and regulations. For example, employee invention rules and internal rules for companies to take over inventions created by employees have been established. Moreover, these laws and regulations will be revised or newly established in line with the times. Therefore, each time, the company regulations and rules must be changed accordingly.
We constantly watch such changes in laws and regulations, and will support the creation of necessary internal rules, and establish, revise, and change internal regulations and rules to implement them smoothly and in a timely manner.
In addition, we will check the contracts when concluding a license agreement with other companies and propose modifications etc. so as not to be disadvantageous to the client. In addition, contracts that need to include intellectual property clauses, such as joint development contracts and material purchase contracts, are not just obligatory contracts, but also need to incorporate the rights that the client naturally owns. We will arrange and modify it to maximize the business benefits and minimize the risks.
In addition, we will provide in an easy-to-understand and timely manner the contents of law revisions that clients should be aware of, such as oppositions and international applications, and changes that are beneficial to clients, such as reduction and exemption measures for patent fees and examination request fees.
