We would like to wish you a happy new year. My name is Takefumi Sugiura and I am a patent attorney at the intellectual property firm Evolix.

Thank you very much for your generous support during the past year. I hope that all of you are starting the new year with a refreshing feeling.

Now, 2026 (Reiwa 8) has begun. I'm sure many business owners and developers are making plans for this year's business goals and new projects.

"I want to make a new product a hit this year" "I want to start expanding overseas in earnest" "I want to turn our in-house technical know-how into an asset"

There are essential pieces to realizing such positive aspirations. That is "Intellectual Property Strategy".

Instead of New Year's greetings, in this article, "Why you should think about your IP strategy at the beginning of the year", and"Intellectual property points you should check to make your business leap forward this year", we will explain in detail from an expert's perspective.

1. Why is the beginning of the year the best time for IP consultation?

Many companies tend to consult a patent attorney only after a problem occurs or after development is complete. However, what I would like to say out loud is that ``The best time to use a patent attorney is at the beginning of the year when you plan your business.''

There are three main reasons for this.

① You can "avoid risks" before development and release

If you are planning to release a new product or launch a new brand after spring, you need to investigate the rights of other companies (clearance investigation) at this time. There are no end to the cases where ``just before the release of a product, it was discovered that it was infringing on another company's trademark rights, so we were forced to change the name'' or ``we had to reprint all of our pamphlets.'' Now that we are in the planning stage, we can ensure a safe route.

② You'll be in time to apply for "subsidy/subsidy" in spring

For many national and local government subsidies (manufacturing subsidies, business restructuring subsidies, etc.), public recruitment begins in the spring. In many cases, "intellectual property strategy" is included in these additional points and business plans. Additionally, it is important that the Japan Patent Office's ``foreign application subsidies'' are put into motion at the beginning of the fiscal year. By making preparations now, you can advance your business financially.

③ Because there is a "first-to-file" principle

Japanese patents and trademarks are on a "first come, first served" basis. While you are thinking, "Let's think about it after the New Year," there is a non-zero risk that a rival company will file a similar idea. If you have a new idea or business model in mind, taking action as soon as possible is the shortest way to obtaining rights.

2. "Three IP actions" that small and medium-sized enterprises should focus on in 2026

So, what specific points should we be careful about? Based on this year's trends and legal revisions, we have narrowed down three points that small and medium-sized businesses and startups should be aware of.

Part 1: Rebranding and comprehensive review of "trademarks"

If you are a company that wants to ``revamp your company logo this year'' or ``develop a new series,'' it is essential to check for trademark registration.

• Is the new name trademarked? If you haven't filed yet, you won't be able to use the name if another company takes it first.

• Is the business area (designated goods/services) appropriate? There are often cases where the scope of trademark rights acquired in the past and the current business content are mismatched. For example, if a trademark used for "clothing" is used for a new "app" or "web service," it may fall outside the scope of the rights.

• Do you have any plans to expand overseas? Japanese trademark rights are valid only within Japan. If you are aiming for cross-border e-commerce or overseas expansion, start planning now to secure a trademark in the country you are expanding into (by filing a MadPro application, etc.).

Part 2: Open innovation and reviewing "contracts"

In recent years, "open innovation," in which companies develop products in collaboration with other companies and universities, rather than independently, has been accelerating. What tends to cause trouble here is "Attribution of intellectual property created through joint development".

• Who owns the patent? (Shared or alone)

• How to prevent know-how from leaking? (Thorough confidentiality agreement)

It is difficult to change contract terms once development has begun. We strongly recommend that you ask a patent attorney to review your contract, including intellectual property provisions, when renewing your contract at the beginning of the year or when you launch a new project.

Part 3: "Patent" strategy in the AI/DX era

With the spread of generative AI and the progress of DX (digital transformation), the importance of patents related to software and business models is increasing. Gone are the days when people said, ``We're a manufacturer, so IT doesn't matter.''

• A system that uses AI to analyze factory operation data and improve efficiency

• New ordering system utilizing customer data

These can also become fine "patents" if the conditions are met. If your company's strength actually lies in its ``systems that utilize data'' rather than its ``technology'' itself, protecting it with patents can create a strong barrier to entry.

3. Making "intellectual property" a management weapon

When you hear the word "intellectual property," you may imagine that it is something that large companies do, that it is expensive, and that the procedures are troublesome. However, the IP system is originally "a shield to protect small and medium-sized enterprises that have unique ideas and credibility, and a spear to attack them."

Protect your company from damage caused by counterfeit products

If the product you worked so hard to develop is imitated by a large company with deep pockets, you will lose your business. If you have patent rights or design rights, you can seek an injunction or claim compensation for damages. The mere fact that you ``have the rights'' serves as a check on other companies.

Improve creditworthiness and gain advantage of loans and transactions

Possessing intellectual property rights proves a company's technological capabilities and uniqueness. Increasingly, intellectual property compliance is being evaluated in loans from financial institutions (intellectual property finance), and intellectual property compliance is being required as a condition for starting transactions with major companies. Intellectual property does not appear on the balance sheet (it is difficult to do so), but it is an extremely important "management asset."

4. Patent attorneys are "business companions"

Our job as patent attorneys is not just to prepare documents for the patent office. We place importance on our role as a consultant by deeply understanding your business model and thinking together with you about ``where are the seeds of intellectual property?'' and ``how can we most effectively protect our interests?''

"I have this idea, but I don't know if it will be patented." "I thought of a new product name, but I'm not sure if it will be a problem." "I want to organize my intellectual property this year."

It doesn't matter if your concerns are vague. We can best demonstrate our expertise when we consult with you at the ``fuzzy stage,'' before your idea is solidified.

At our first consultation, we will carefully listen to your company's business situation and propose the most suitable intellectual property portfolio in line with your business plan for 2026.

Our promise in 2026

1. Fast response We use chat and online meetings to respond quickly so as not to slow down the speed of business.

2. Easy-to-understand explanation We will clearly convey the information necessary for management decisions without using technical terms as much as possible.

3. Pursuit of business contribution Our goal is not to "take rights," but to "contribute to business profits."

5. Why not start with a "free consultation"?

The beginning of a new year means the beginning of new challenges. I sincerely hope that your endeavors will flourish on the solid foundation of intellectual property.

In order to help get your new year off to a good start, our office is offering a free intellectual property diagnosis (available online).

• Is there any intellectual property risk in your current business?

• Are there any subsidies available this year?

• How are our competitors doing?

. We will sincerely support you so that 2026 will be a year of breakthroughs for everyone.

Thank you for your continued support of intellectual property firm Evolix this year.