"I developed a new technology, but I don't know if I should patent it"
"I thought about naming a new product, but I'm worried that it might conflict with another company's trademark."
"I'm looking for a reliable patent attorney in Osaka, but what's the difference from the major firms in Tokyo?"
Are you a business owner or developer in the Osaka Prefecture and Kansai areas who are running a business every day? Do you have these kinds of concerns?
In today's age, where the Internet has developed, the number of inexpensive online services that claim to perform intellectual property searches (patent searches and trademark searches) and automatic search tools using AI have increased. However, Osaka's small and medium-sized businesses should definitely choose a local expert (patent attorney) in order to protect and further accelerate their business.
Why dare to be "local" in the digital age?
The reason is not just "proximity". There are deep reasons for this, including Osaka's unique industrial structure, a support system that leads to cost reduction, and the essence of risk management.
In this article, from the perspective of a patent attorney who is familiar with Osaka's business circumstances, we will thoroughly explain Three decisive reasons why you should request an IP investigation from a local expert. By the time you finish reading it, you should have a clear answer as to who your company should consult with.
Table of Contents
Before we get into the main topic, let's clarify the importance of IP research. If you neglect this point, you will be running a serious risk that could affect the survival of your company.
The most frightening thing is that your new product may unknowingly infringe on the patent rights or trademark rights of another company. In order to prevent this, we conduct "infringement prevention investigation (clearance investigation/FTO investigation)".
If it is determined to be an infringement, the following penalties await.
Injunction request:Production and sale of the product can be stopped immediately. All molds and inventory will be discarded, resulting in a huge loss.
Damages:You must pay several percent to several tens of percent of your sales as compensation, including those sold in the past.
Loss of trust:You will be labeled as a ``company that has released counterfeit products,'' and you will immediately lose trust from your business partners. Loss of trust can be fatal, especially in Osaka business where horizontal connections are strong.
Even if you think it's a groundbreaking invention and file a patent application, if similar technology already exists in the world, you won't be able to get a patent (it will be rejected).
Point: If you conduct a "prior art search" in the early stages of development or before filing, you can take measures such as "similar technology already exists, so let's change the design in this way." This prevents wasted development costs and application costs (stamp fees and patent attorney fees) from being thrown away.
Now on to the main topic. Why should you ask a local patent attorney in Osaka to conduct these investigations? What is the difference between requesting a web conference from your office in Tokyo?
Reason 1
Intensive communication and on-site confirmation
Reason 2
Subsidy/subsidy information specific to Osaka/Kansai
Reason 3
Emergency response and regional network
Although online meetings have become popular, face-to-face communication is overwhelmingly powerful when investigating intellectual property, especially technologies related to "manufacturing" and "trademarks" that contain subtle nuances.
The strength of Osaka's small and medium-sized businesses lies in know-how (tacit knowledge) that is difficult to put into words or drawings, such as on-site "coordination techniques" and "craftsmen's intuition."
"They look the same on the drawing, but this minute curve is our miso."
"The movement of the machine here is a little strange, isn't it?"
The focus of the field is often the core of a patent (the point of obtaining rights).
Key point: A local patent attorney can "rush to your factory right away." See the actual machine in action and check out the texture of the prototype. By going through this process, patent attorneys will be able to understand the essence of the invention first-hand, and reflect this in the selection of search keywords and classifications. This is a feat that could never be achieved by simply sending the drawings via email to an office in Tokyo.
In addition, Osaka managers prefer honest discussions.
"Teacher, to be honest, this is close to imitating that product from another company. Is that okay?"
"I don't need serious rights, so I want to create an escape route so that I don't get a warning."
Such sensitive questions can only be expressed by breathing the same Osaka air and talking knee-to-knee. Local patent attorneys understand the nuances of language unique to Kansai and the speed of business. This ``Breathing of Aun'' will lead to stress-free project progress and produce research results that will help you reach the areas you need.
Intellectual property research and patent applications cost a certain amount of money. ``I want to keep costs down'' is a natural feeling for a businessman in Osaka. The big difference here is the degree of understanding of the ``local support system''.
Any patent attorney is aware of the nationwide subsidies provided by the Japan Patent Office and INPIT (Industrial Property Information and Training Institute). However, Osaka has generous support measures that are unique to Osaka or to the Kansai area.
Osaka Industry Bureau (Osaka Industrial Creation Museum, etc.) grants:A subsidy system for patent search costs and application costs for small and medium-sized enterprises in Osaka Prefecture may be publicly solicited.
Support from the Osaka Chamber of Commerce and Industry and local governments:Municipalities with thriving manufacturing industries, such as Higashi-Osaka City and Sakai City, may have their own advisor dispatch or assistance menu.
Support from Kansai Culture, Science and Research City Promotion Organization, etc.:Support measures to promote innovation throughout the Kansai area.
Local patent attorneys work with these organizations on a daily basis and have the latest information such as ``At this time, you may be able to use Osaka Prefecture's 〇〇 subsidy'' and ``If you use this system, you may be able to get back half of your research costs (with a maximum limit).''
Points for cost reduction: By utilizing local information that cannot be captured by major offices in Tokyo, it is possible to significantly reduce the total request cost.
Trouble comes suddenly in business.
Emergency example
"I received a warning letter (certification of content) from a competitor!"
"We have to submit intellectual property guarantee documents to our business partners by tomorrow!"
In such emergency situations, physical proximity is an irreplaceable source of security. With just a phone call, ``Doctor, can you come now?'' we can be there within an hour. Alternatively, your company can bring the drawings to the office and hold an emergency response meeting on the spot using a whiteboard.
In an intellectual property dispute, the first response is the key. This speedy response is a benefit that only a local partner can offer.
Intellectual property issues are often linked to other management issues.
| Linkage destination | Support content |
|---|---|
| Lawyer | Checking contract troubles and intellectual property clauses |
| Local financial institution | Lending and financing using intellectual property evaluation reports |
| Tax accountant | Tax treatment such as license fee processing |
Patent attorneys who have been active in Osaka for a long time have strong networks with local reliable lawyers, tax accountants, judicial scriveners, and local credit unions and banks.
``In that case, I'll introduce you to the branch manager of that bank,'' or ``I know a lawyer in Minami who is good at writing contracts.'' One of the great strengths of a community-based law firm is that you can immediately form a Team Osaka to solve your company's problems.
"Nowadays, we have 'J-PlatPat (patent information platform)' and Google search, so wouldn't it be free if we researched it ourselves?"
Some of you may think so. It is true that you should conduct a simple search (preliminary research) in-house at the idea generation stage. However, it is extremely dangerous to rely on amateur judgment for the final investigation related to management decisions.
In the world of patents, the same technology is expressed in various words.
For example, when searching for a patent for a "smartphone case," the patent documents typically use intentionally difficult words or broad concepts such as "mobile phone storage," "electronic device protective case," and "mobile device holding member."
Warning: Searching just for the keyword "smartphone case" and thinking "it's okay because there were no hits" is like walking through a minefield blindfolded.
Professional patent attorneys make full use of the specialized code called International Patent Classification (IPC/FI/F terms) to thoroughly prevent omissions due to language differences.
When a similar patent is found, does it really infringe on your product?
An amateur's judgment that "it's okay because the shape is a little different" is not valid. Patent law has a concept called the "doctrine of equivalents," and even if the structure is partially different, if the technology is substantially the same (e.g., has the same effect), it may be considered an infringement.
Area of experts: "Interpreting the scope of rights (claims)" is an area of expertise that only nationally qualified patent attorneys can do.
Recently, there are cheap surveys using AI, but in most cases, they only provide a "list of similar documents." They will not give you the final ``appraisal (legal judgment)'' such as ``So, is it okay for us after all?'' or ``If it is an infringement, how can we change the design to avoid it (propose a workaround design)?''
The cost of hiring a local patent attorney includes not only the search fee but also a "consulting fee for business decisions."
We will introduce the general flow when actually requesting a local patent attorney.
Step 1 Contact us
Please contact us by phone or web form. You can write something as simple as, "I'm planning to create a new product..."
Step 2 Initial hearing (face-to-face or online)
If you are in Osaka Prefecture, please visit your company or our office to ask for details. After signing a non-disclosure agreement (NDA), we will ask you to show us drawings and prototypes and clarify the purpose of the investigation. At this stage, we will let you know if there are any grants available.
Step 3 Quotation and survey design
We will provide a quote based on the scope and difficulty of the investigation.
Step 4 This research/analysis
Patent attorneys and specialized searchers will conduct research and analysis using a dedicated database.
Step 5 Report and consideration of countermeasures
We will submit a report summarizing the survey results. We provide advice that goes beyond just ``there was/wasn't there'' to specific ``next actions'' such as ``This patent is a concern, but it can be avoided by changing this part of the design.''
Q. I'm still in the idea stage and haven't finished any drawings yet. Can I consult with you?
A. Of course! Rather, it is best to consult with us at the ``conception stage,'' before the design is finalized. By designing from the beginning to avoid the rights of other companies, you can prevent the risk of going backwards.
Q. How much does the survey cost?
A. It depends on the type of research and technical field. A simple investigation usually costs tens of thousands of yen, while a full-fledged infringement prevention investigation costs between 100,000 and 300,000 yen. Please feel free to contact us as we may be able to make adjustments to suit your budget, such as ``searching only for this range first''.
Q. Can you also provide services outside of Osaka (Sakai City, Higashiosaka City, Hokusetsu area, etc.)?
A.
Q. If you find out that you can't get a patent as a result of your research, won't you waste your money?
A. No, it's not a waste. By knowing in advance that you will not be able to obtain a patent even if you apply, you can save the cost of filing an application (several hundred thousand yen in stamp costs and fees). Also, by learning about other companies' technologies, you can often get hints for improving your own products, making it a very profitable investment.
In the coming era, it will be difficult for even small and medium-sized businesses to survive without an "intellectual property strategy." This is because intellectual property attacks not only from large companies but also from overseas companies are intensifying.
But never fear. There is a "local patent attorney" right next to your company who can remove that risk and protect your technology as a right.
Advantage 1
Deep understanding tailored to the field and honest communication
Advantage 2
Full use of Osaka's unique subsidies and networks
Advantage 3
Speed for emergency response and long-term partnership
These three benefits are values that you can never get from a low-cost contractor or a large office in a faraway place.
To protect Osaka's manufacturing spirit with the strongest shield and spear. First, please consult your local patent office for an "intellectual property investigation."
If you are not sure which firm is best for you, or if you are unsure whether your technology will be patented, our office also offers free consultations.
Even if it's a trivial question like "Is it okay to ask this?" First of all, please take your concerns to a local expert. By talking face-to-face, you are sure to find a solution.
Let us help you take your business to the next stage with the power of intellectual property.
Please feel free to contact us first
First consultation: 60 minutes free ｜ Coverage area: All of Osaka Prefecture and Kansai ｜ Online consultation: Available
(Zoom, Teams, Meet, etc.)
AUTHOR
Takefumi SUGIURA （杉浦 健文）
EVORIX Intellectual Property Law Firm Managing Patent Attorney
Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).