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[Supervised by a patent attorney] 5 optimal timings for consultation
The best time to consult a patent attorney | 5 signs you should know before it's too late
"I think it's too early to consult a patent attorney..." "I'll wait until my business gets back on track..."
Are you thinking like this and putting off seeking consultation?
Actually, about 80% of intellectual property troubles are cases that could have been prevented if the matter had been consulted sooner. This time, I would like to share with you the ``best timing to consult a patent attorney'' based on my experience of over 20 years, along with specific examples.
Why it's never too early to consult a patent attorney
In conclusion, it is never too early to consult a patent attorney.
Rather, consultation at the idea stage leads to the most cost-effective intellectual property strategy. This is because it is easy to make course corrections before deciding on a direction.
Three major risks arising from delayed consultation
1. Risk of infringing on the rights of other companies
If you unknowingly infringe on another company's patents or trademarks, in the worst case scenario, you may be required to stop selling the product or pay compensation for damages. In fact, some companies were forced to change product names just before release, resulting in losses of more than 5 million yen due to reprinting the packaging.
2. Risk of not being able to protect your company's rights
Patents and trademarks are a "first come, first served" world. You can't get a patent on your product once it's published, and if another company gets your trademark first, you won't even be able to use your own product name.
3. Risk of unnecessary spending
Even if you find out that this technology has already been patented after the direction has been determined, you will not get your development costs back. If we had done some research beforehand, we could have taken the development in a different direction.
Advantages of using an office with free initial consultation
Many patent attorney offices offer free initial consultations. This is because we want to lower the hurdles for consultation and help detect problems early.
In the free consultation, you will find out the following.
- Intellectual property risks hidden in current business
- Priority of rights to be acquired
- Approximate cost and period
There is no need to be hesitant because "nothing has been decided yet..." In fact, because we have a blank slate, we can work together to come up with the optimal strategy.
5 times to consult a patent attorney right away
So, when should you specifically consult? The following five timings are particularly important.
1. When you start developing a new product or service
We welcome inquiries such as "It's still in the idea stage..."
This is because consultation at this stage is most effective. Before deciding on the direction of development, it is possible to change course in a direction that will make it easier to obtain a patent. Additionally, by proceeding with development while avoiding other companies' patents, you can prevent problems later on.
Checkpoint:
- I came up with a new technique or idea
- You are trying to create an improved version of an existing product
- Started thinking of a name for the new service
2. When a warning/notification letter is received from another company
This is the most urgent case.
If you receive a warning letter, contact your patent attorney on the same day. If you respond incorrectly, the situation may worsen.
Common mistakes:
- Ignore (fear that it may be interpreted as acknowledging the other party's claim)
- Emotionally objecting (making legally disadvantageous statements)
- Apologise immediately (this means admitting fault)
It is important to respond calmly and strategically with experts.
3. When your company's technology or product name is imitated
“There are products on sale that look exactly like ours!”
In times like this, you need to seek advice immediately. However, avoid getting emotional and contacting the other person directly.
Things to check first:
- Does your company have the rights
- Is the other party really infringing
- What countermeasures can be taken
Even if you do not have the rights, you may be able to fight under the Unfair Competition Prevention Act.
4. When we started considering overseas expansion
The idea of ``first succeeding domestically and then overseas...'' is dangerous.
Trademarks must be obtained for each country, and there are many cases in countries such as China where trademarks of famous Japanese brands are taken without permission. We recommend that you take the bare minimum of protective measures as soon as you see the possibility of overseas expansion.
Countries requiring special attention:
- China (many counterfeit products)
- America (high litigation risk)
- EU (uniform response required)
5. When you are confused about how to handle intellectual property with your employees
Don't you think that the technology developed by your employees belongs to the company?
Actually, depending on the contract, rights may belong to individual employees. Please be especially careful in the following cases:
- Technology developed by employees outside of work
- Development involving retiring employees
- Joint development with outside parties
Before trouble arises, it is important to have employee invention regulations and confidentiality agreements in place.
Three pieces of information that are efficient to prepare before your consultation
In order to make the most of your consultation time, we recommend that you prepare the following information.
Current business model and future development plans
- What to sell, to whom, and like
- Business plan for 3 years and 5 years later
- Overseas expansion plans
Once you understand these things, you will be able to see the overall picture of the necessary intellectual property strategy.
Competitor information
- Main competitors (about 3 companies)
- Points of differentiation from the competition
- Industry practices and characteristics
You can create strategies based on competitive trends.
Documents and contracts created so far
- Technical materials and pamphlets
- Confidentiality agreement
- Joint development agreement
It is also important to check if there are any problems with your existing contract.
Three points to avoid failure when choosing a patent attorney
I often hear people say, ``I don't know which patent attorney to consult with.'' It would be best to choose one based on the following three points.
How to check your specialty and achievements
Patent attorneys also have their specialties.
- Strong in mechanical systems
- Strong in chemistry/biology
- Strong in trademarks and branding
- Strong in IT/software
Check to see if they have a track record in a field similar to your business.
Transparency of fee structure
A conscientious agency will clearly present costs.
- Consultation fee
- Application fee
- Is there a success fee?
It is best to avoid agencies that say, ``You won't know until you try.''
Ease of communication
Intellectual property is a long-term relationship.
- Can you explain technical terms in an easy-to-understand manner
- Is the response fast?
- Would you be willing to give me advice
Please value the impression you make during your first consultation.
Summary: If you are unsure, now is the time to seek advice
The best time to consult is when you think, "I think I should consult."
In the world of intellectual property, a one-day delay can be fatal. On the other hand, there are many problems that can be prevented by early consultation.
We recommend that you consult with us right away, especially if the following apply to you:
✓ You are starting a new business ✓ You are deciding on a product name and logo ✓ You have technology that differentiates you from other companies ✓ You have vague concerns about intellectual property
[Free consultation information]
At our office, we offer a free initial 60-minute consultation.
There is no need to be hesitant and ask, "Is it okay to ask this?" Please feel free to contact us with any questions, no matter how small.
As an intellectual property professional, we will do our best to support your business success.
What you can learn from the free consultation:
- Intellectual property risks lurking in your business
- Intellectual property strategies that should be prioritized
- Estimated required costs and period
For inquiries, please contact us via phone or email form. We are also available on weekdays from 9:00 to 18:00 and on Saturdays.
We will provide compassionate support so that you will think, ``I'm glad I consulted you sooner,'' instead of ``I should have consulted you sooner.''