Have you ever heard of the term “Intellectual Property Rights?”
At Aska Company, we are aware of our involvement in intellectual property, with several of our employees having obtained the National Intellectual Property Management Skills Test.
We are also actively applying for and acquiring patents and design rights, which are included in intellectual property rights.
In this issue, we would like to introduce “Intellectual Property Management”.
What are Intellectual Property Rights?
A system to protect what is created through intellectual creative activity as the property of the person who created it.
The right to monopolize it for a certain period of time
Among intellectual property rights, patent rights, utility model rights, design rights, and trademark rights are called industrial property rights, and are under the jurisdiction of the Japan Patent Office.
- Patent Right ... protects “inventions”
- Utility Model Rights … protect “devices” such as the shape, structure, and combination of articles
- Design Rights … protect “designs” such as the shape, pattern, and color of articles
- Trademark Rights … protect “marks” used to distinguish goods and services
Advantages and disadvantages of acquiring intellectual property rights
Once you acquire intellectual property rights, you can legally claim infringement of your rights in the event that a third party makes a counterfeit product.
It is also effective in appealing your technological capabilities and building a relationship of trust.
However, it must be kept in mind that after a certain period of time, the content of the invention will be made public.
After the period of protection, anyone can freely use the invention.
The First-Inventor-To-File Principle and the Right of First Use
In Japan, patents are granted to the “first to file an application with the Patent Office,” not to the first inventor.
Once a patent is granted, the patentee can demand an injunction or compensation for damages in the event that a third party implements the invention without permission.
The right of first use is a right that allows a person who has been preparing or practicing a business before the time when another person files a patent application to continue to do so, in order to ensure fairness.
If the right of prior use is granted, it is possible to implement the patent rights of others free of charge and continue the business.
Aska Company is able to claim the right by obtaining a fixed date for the creation.
Conduct research when acquiring rights.
Aska Company also conducts technology trend research, prior art research, and infringement prevention research.
The purpose is to learn what rights competitors have obtained and to prevent infringement before filing an application.
Intellectual Property Management Methods
The results of the above research and the rights applied for will be recorded in our in-house database.
We will manage what rights have been obtained, the period of time the rights have been held, annuity payments, etc. to ensure that nothing is left out.
Examples of in-house products for which intellectual property rights have been acquired
Manufacturing equipment and method for manufacturing caps
Appearance of cap for spouted pouch
Appearance of stand for spouted pouch containers
Please refer to our previous articles on other intellectual property.