Anticipating potential infringement is smart. Quickly eliminating competitive copying or infringement, if it happens, is vital. The skill to do so is highly specialized and not typical for most patent attorneys. Kimura has deep experience and success in fighting and winning IP dispute matters on behalf of its clients.
Protect Your Invention as It Develops & Changes
The Domestic Priority Application System allows the revision of Patent applications within one year of the original filing application date.
As your invention or product develops, new design details may be added or changed. This can occur after you apply for a Patent, either before or after you launch your product. We can maximize the eventual Patent protection by revising the application as new elements to the original design are added before the JPO or other IP body makes its decision.
In many competitive markets, companies launch various versions or updates after the initial launch. This means that your IP has changed. The application should be revised to ensure the highest level of protection.
Our goal is to protect the IP that is at the heart of your invention from the start and add on protection as it develops. Not doing so leaves you and your valuable IP at risk of copying and infringement.
Registration and Infringement Resolution
Kimura prevents unfair competition against its clients and will secure damages via the legal system in Japan and globally. Kimura & Partners has often helped SMEs globally when their IP has been copied or infringed upon. Often, this is due to our forethought about potential infringement. That’s a significant advantage for our clients that few other SME Patent Attorneys can offer.
Kimura’s IP Protection Expertise Is Your Advantage at the Registration Stage
When we design and submit your application, we anticipate the potential infringement activities. We advise you on strengthening the design elements of your inventions. We also build a more robust application and register a more secure patent or copyright that minimizes the possibility of future infringement on your invention.
However, your inventions may still be unfairly copied. Patent Infringement is an increasing reality in today’s advancing and global marketplace. Patent and Copyright Infringement, intentionally or accidentally, hurts your business – sometimes critically.
Kimura’s Infringement Experience Is Your Advantage at the Rights Defense Stage
We know how to stop infringers in their tracks because we have done it many times. We will stop them from copying your inventions, and we will secure damages if your business has suffered financial or other losses. In Japan, we understand the local rules and laws and how the Patent Authorities and Courts operate. We have global relationships with Patent Attorneys and Law Offices to register and fight infringement anywhere in the world.
At Kimura, we have the experience to take immediate steps with infringers to stop their unfair practices quickly. This involves communicating and negotiating directly with infringers at the earliest stage. If we take the case to the JPO or a damages lawsuit at the Courts, our successful experience will serve you well, protect your business, and gain fair compensation.
Infringement Services Explained
Infringement Handling Services
- Evaluation & Strategy
- Immediate Action Steps to Mitigate Damages
- Document Preparation & Submission
- Intellectual Property Office Submissions & Management w.r.t Infringement Ruling
- Appeal Levels & Steps
- Civil Court Actions w.r.t Damages
- Appeal Level & Steps
Kimura receives requests to solve IP infringement matters from infringers and right holders. A rights holder initiates action by claiming that their IP rights have been “infringed” upon. In other words, the legal right they have been granted to use their invention exclusively and without copying by others has been violated.
Either party may have reasonable or seemingly legal grounds to assert their position. However, prevailing and securing your position in the market demands a successful strategy and expert execution.
At the initial stage, it is most important to set specific goals relating to the dispute. We must consider how to solve the problem you face and determine the best way to finalize the case in your favor. The thinking process and methodology used for reaching the goals is most important. Otherwise, even a fair and robust legal position can fail.
For the right holder, the goals are wiping out all of the infringing products from the market, disposal of the stock, and receiving damages (financial compensation) that you have suffered. A firm decision by the courts will also act as a stronger deterrent against future infringement.
For the named infringer, the choices are accepting the argument against you of infringing the accuser’s IP right and withdrawing the products from the market, or fighting against the right holder, insisting on non-infringement.
Depending on the party, and the position they choose, the strategy and measures taken will be different. For example, if a right holder wants to wipe the infringing products from the market, we send warning letters to the infringer. If the right holder wants to seek damages, it is necessary to file a lawsuit.
If an infringer wants to fight against the right holder, we make counter-arguments in response to the warning letters and generally file an invalidation trial at the JPO. If so, generally, the right holder will file an infringement lawsuit in the District Court. This is the starting point of a substantive dispute case. Generally, it takes about eight months to end a trial. However, both sides can file an appeal against a decision from JPO in the High Court and Supreme Court.
At the court, the discussions have both an infringement stage and a damages stage. When the right holder cannot win at the infringement stage, the discussion and the matter would be over. If they win at the infringement stage, then the damages stage of the case proceeds. At the district court, generally, all of the discussion is done within about two years.
Patent Attorneys can represent either party during trials before JPO. However, at the court, it is necessary to collaborate with an attorney at law.
Patents and Utility Models. Preliminary Search, Assessment and Registration
Kimura has the skill to research the IP landscape and to author your patent or utility model application in the most advantageous way possible.
Trademarks, Industrial Designs and Copyrights
Registration and defense of these elements of your IP can be as or more essential than patents to competitive success and profits.
IP Rights Management and Maintenance
Your IP is a vital part of your business position and strength. Beyond registration, there are other important considerations regarding your IP.