XNUMX. XNUMX.Introduction

　Ministry of Economy, Trade and Industry's "Search on the actual situation of university-originated ventures'^*1About 6% of the companies are research result-based ventures, nearly 5% are companies with fewer than 5 full-time employees, and the majority are companies with capital of less than 1 million yen. etc. have been reported. This suggests that university-originated ventures utilize research results and start businesses with limited funds and human resources. In this column, I will discuss patent research in ventures based on my own experience working in research and development at a university-based biotech venture.

2. What is a bioventure?

　The Bioindustry Association of Japan defines a bioventure as a company that meets the following four requirements:^*2.

・Companies that conduct business using biotechnology as a means or target
・Companies with 300 employees or less or capital of 3 million yen or less
・Companies that have not been established for 20 years
・Companies whose business includes research and development, manufacturing (of pharmaceuticals, etc.), cutting-edge scientific consulting, contract research, etc.

　The above definition does not define the products provided by bioventures, and in fact, the products provided by bioventures extend to various fields including pharmaceuticals and food.

3. Intellectual property department in bioventure

　In the case of university-launched ventures that have just started, many do not have an intellectual property department in the first place because they are small. How do we deal with such cases?IP BASE'^*3or if it is related to pharmaceuticals,Japan Agency for Medical Research and Development (AMED)'^*4Consult with a well-known institution, such as the department that handles intellectual property at the university to which the laboratory that formed the base of your bioventure belongs, or the patent office you used when applying for a patent. I may be doing it. Furthermore, even if there is an intellectual property department, the number of personnel is small, and patent research tools are not readily available, making it difficult to carry out research on your own.

4. Patent research in ventures

4.1 Necessary patent search

　At the start-up stage, university-originated ventures operate their businesses with the research results developed at the university already patented, or at least with patent applications filed. However, just like ordinary companies, venture companies cannot conduct business with peace of mind simply by patenting their technology. Even if your own technology has been patented, there is still a possibility that it may infringe on the patent rights of other companies, so it is necessary to investigate the rights of other companies. In other words, in addition to the "pre-filing search" that is conducted before filing a patent application, it is also necessary to conduct a "search of other companies' rights" to confirm the rights of other companies. In addition, if an infringing patent is discovered during the search, it is necessary to consider ways to avoid infringing the patent in question and to conduct an "invalidation document search" to invalidate the patent. Furthermore, if you want to use not only your own technology but also another company's technology, you need to check the license and make the technology available.

4.2 Patent search in bioventures

　I think one of the reasons was that the several bio-venture companies I worked at before had a university laboratory atmosphere, but they did not conduct much patent research. So, how did I proceed with research and development? I obtained technical information related to the research and development theme from papers, reviews, academic conferences, and seminars, and then conducted research and development by consulting with my superiors and colleagues. It's not that we didn't use patent information at all, but rather that we referred to search results from several years ago, which we probably conducted when we started the company. However, as the required information changed as research and development progressed, there were times when the required information was not enough. In some cases, no search was conducted and no information was available. In other words, although bioventures recognize the significance of patent research, it is difficult to say that sufficient research is being conducted.
　Looking back on the above, the main reason why it is difficult to get involved in patent searches at bioventures is that they are conscious of the need for patent searches, other than the fact that the university atmosphere remained. I think there is. So, if we think again about the differences between venture businesses and regular companies, we find that venture businesses have more limited human resources, money, and time than regular businesses. In fact, bioventures cannot stabilize sales for a while after starting a business. For this reason, bioventures cannot purchase paid databases used for patent searches because they are too expensive, and free databases such asGoogle Patents'^*5, the Patent Office database “J-PlatPat'^*6Or "spacenet'^*7The problem with this is that it is less convenient than paid databases, and it takes time to conduct research. In addition to costs and time, it is extremely difficult for bioventures to conduct patent searches on their own due to limited human resources, which is an obstacle for bioventures to conduct patent searches. I think this is the main cause.

4.3 Solution

　Above, I have considered the state of patent searches in ventures based on my experience of engaging in research and development at bio-ventures.In order for ventures to conduct patent searches, how should they solve problems such as cost, time, and human resources? Is it okay? For costs, see the previous search column “Subsidies and grants that can be used for patent searches and applications'^*8As introduced in , we suggest considering the use of subsidies and grants from various organizations and local governments. By utilizing grants and grants, you can cover the costs of patent research. In addition, by using a patent search company that understands the technology field that your venture owns, you can eliminate the cost of owning your own paid database for patents, and by outsourcing patent searches, you can free up other tasks such as research and development. Costs can be improved by being able to allocate the time required for patent searches. By using a patent search company that has an understanding of the technical field being investigated, you can enjoy the benefits of a searcher with knowledge of the technical field that maintains quality, and the research company's delivery management. In other words, you can obtain balanced search results for QCD by utilizing subsidies, grants, and research companies. Although this column focuses on bioventures, I believe this conclusion applies not only to bioventures but also to a variety of other companies. Why not consider obtaining well-balanced QCD search results by using a patent search company that understands the technical field being investigated?

XNUMX.in conclusion

　Even though venture companies are aware of the need for patent searches, it is difficult to carry out such searches due to issues with search costs, time, and human resources. As a way to solve this difficulty and obtain well-balanced QCD search results, we proposed the use of subsidies and grants, and the use of patent search companies. I hope this will be helpful to you.

　We have searchers with knowledge in various fields. We also have a track record of conducting searchs requested by bioventures.

Investigation Part 2 Ishizaka

【reference】
* 1: https://www.meti.go.jp/policy/innovation_corp/start-ups/reiwa4_vb_cyousakekka_houkokusyo.pdf
* 2: https://www.jba.or.jp/link_file/2015_BioVentureReport_open.pdf
* 3: https://ipbase.go.jp/
* 4: https://www.amed.go.jp/index.html
* 5: https://patents.google.com/
* 6: https://www.j-platpat.inpit.go.jp/
* 7: https://worldwide.espacenet.com/?locale=jp_ep
* 8: https://aztec.co.jp/news/columns/4338