žƒRƒ“ƒZƒvƒg
žƒRƒ“ƒZƒvƒg
žƒRƒ“ƒZƒvƒg
žƒRƒ“ƒZƒvƒg
žƒRƒ“ƒZƒvƒg
žƒRƒ“ƒZƒvƒg
We, KIYOHARA & Co., PATENT ATTORNEYS, have concerned ourselves in the technological development of companies and the protection activities of inventions and innovations. As an advisory patent attorney of our clientsÕ companies, we have taken active parts in protecting their intellectual properties both in and out of the country and in exercising their rights as an advisor as well as an attorney. The important theme of our activity is:gthe way of conceiving ideas and the training thereofh

. Companies intend to secure the rights of their inventions and innovations in the progress of their technology development or as the consequences of development, so that they will possess intangible properties.
If the company only regards the realization of invention in terms of business, it tends to result in spoiling the liberal ideas and development ability of technical persons.
The training of technical persons for inventing and innovating in a wider range and in a various situations can enrich the lives of technical persons, and further can contribute to the company's development.
Therefore, we suggest the ways to educate and train not only for the inventions and innovations as the results of the technology development, but also for the inventions and innovations as the purpose of technology development.
First of all, we propose a question|Why inventions and innovations are necessary for the companies?
For the answer of the question, please consider the recognition of the time in these modern days. What kind of world we live in the 21st century?
This new century will be the age of intellectual properties.
The reason can be easily found if you look back 200 years prior to 21st century, that is 19th and 20 century.
The 200 years between 19th and 20th century can be divided into four periods, each of the periods being about 30 years of time:
The first period is the 30 years around 1800. In this period, the automatic weaving machine of Arkwright and the steam engine of Watt, and moreover, the spinning engine were invented. It was about the time of the Industrial Revolution occurred in UK;
The second period is the 30 years around 1850. In this period, iron and steel became available and the railway network was constructed;
Further, the 30 years around 1900 is the third period, including the World War E. In this period, electricity, automobiles, shipping and aircraft were invented and became to be of practical use; and
The forth period is the 30 years around 1950, also including the World War II, when electronics, polymer chemistry, atomic energy and antibiotics were invented. More to speak, what we call the three great invention invented during the World War II are atomic bomb, penicillin and radar.
The 30 years around 2000 will be the following fifth period when the technology directed to entropy minimum and the technologies such as atomic fusion and biotechnology are continued to be invented. However, it is the time when the former inventions

Who can invent?
Is an invention a product of a genius? The answer is NO. Inventing is not a kind that only one in a million can do. Anyone can invent some kinds of invention:
Housewives usually think of new ideas that make them easy and convenient to work in the kitchen and of new ways of housekeeping.
As for artists, creating, together with practicing artistic skills, takes important portion in their works.
Office staffs think of efficient ways for arranging documents received.
At factories, works are done with creative and original ideas, so that there are also full of grounds for inventions.
Therefore, chances to invent can only be found in research institutes of companies and in laboratories of university.
To be a great inventor, it is not necessary to have a high I.Q. score nor outstanding grades in science and engineering at universities.
Students who gain good results for examinations of science and engineering are confident only with their technological knowledge, so they tend to depress their new ideas for invention with a negative thought|No one can do such thing. On the other hand, students are not good at science and engineering tend to conceive extraordinary ideas, such as a permanent system.
If such mentioned negative thoughts could be remedied, anyone will be able to invent something.

In 1940, in the United States, 18 great inventors were selected and announced for the 150th anniversary of the establishment of Patent Law.
All of the inventors were raised in poverty, only 2 of them could study at and graduate from a university: Eli Whitney (Cotton gin); Robert Fulton (Steamboat); Cyros Hall McCormick (combine); Samuel F. Morse (Electric Telegraph); Charles Goodyear (Sulfuration of rubber); Elias Howe (Sewing Machine); Christopher Latham Sholes (Typewriter); George Westinghouse (Airbrake); Alexander Graham Bell (Telephone); Thomas Alva Edison (1,903 inventions); Nikola Stella (Induction motor), Charles Martin Hall (Hall for producing aluminum), Ottmar Mergenthaler (Automatic casting machine), Wright Brothers (Flyer), Lead Forest (Vacuum wave detector), Leo Hendrik Beakland (Bakelite), William M. Barton (Fractional distillation of petroleum for purifying petroleum)

INVENTIONS AT THE TIME OF INDUSTRIAL REVOLUTION
How were the inventions done and why?

(A) gThere is no need to study for invention.h
The Case of Richard Arkwright's Invention:Automatic Spinning Machine (1732|1792)

Richard Arkwright, the youngest of thirteen children, was born in Preston, Lancashire in England. He came from a poor family and had no chance to be educated. He learned to read and write after he had succeeded at the age of fifty.
From an early age, he was apprenticed to a barber, and became a barber, having his shop at the underground of liquor store. His shop prospered as he discounted the charge due to the location of his shop, and later, he practiced his trade of wig-making.
This wig-making had a unique dying process and had a good reputation. After this business declined in prosperity, he became engrossed in developing a perpetual motion.
However, he was still in poverty, and his wife, who had vex at him being so engrossed in the development of perpetual motion, had destroyed his machine.
His wifeÕs intention for destroying his machine was that she hoped him to give up the development of perpetual motion. However, Arkwright was a kind of man who was stubborn and impulsive, so he has divorced form his wife.
After the divorce, he invented a spinning machine for spinning thin cotton thread from raw cotton, employing the power of the water-wheel, in 1767. With this machine, he established the factory production with consistent operation, and became the first industry capitalist.

(B)gNecessity is the mother of invention.h
The Case of Josiah Wedgewood:Utilization of Photograph with wet plate (1730|1795)

Wedgewood, the youngest of twelve children, was born in Mid-England. He had to leave school at the age of nine, after the death of his father.
At the age of nine, he became an apprentice to his elder brotherÕs pottery factory. In his early days, he suffered from smallpox and had lost the use of his right leg, however, due to such disability, he untiringly experimented, and tried and tried to contrive with his work while the others at his age were at play. He then found a producing method of imitation of porphyry, and was willing to take difficult orders.
He was good at repairing of damaged parts of white pottery made in China, Japan and Holland, which could not made in England, and also had an outstanding skill in reproducing antiques. Although with such kinds of works, he could not get enough profit for the time he had spent, he preferred take such kinds of works in order to gain a good reputation and peopleÕs credit. As for the profit, he concentrated on the quantity production of daily goods for which he taxed his ingenuity in quick producing of utility goods with cheap price and original design. Then, he managed to buy a land near Soho, a famous place for ironware (chains for watches and cuffs buttons) production and established his own factory at where the pottery was produced by lines of machines. At that time, he received an order from Russia.
The order was that to deliver one thousand differently patterned white pottery plates of his popular brand,gQueenÕs Wareh, within a short period of time.
The problem was that to collect one thousand original different pictures to be drawn onto each plate in a short period of time. Wedgewood gathered various information and got to know ultimately that a chemist had discovered the fact that silver nitrate reacts to light. He then put wet plate into a dark box and succeeded in taking photographs of views between Etruria and London in order to accomplish the order.
It was done a half of the century before the photos of daguerreotype.
It was Wedgewood's character, always trying new things and preferably taking orders of hard job, that made him possible to deliver one thousand differently patterned white pottery plates in a short period of time.
Necessity is the mother of invention.

(C)gStudying is not necessary for invention.h
The Case of Wright Brothers in Dayton, Ohio, in the United States

In 1903, a person-carrying craft, a catapult carrying a gasoline engine of 52 horsepower, called gAerodomeh developed by Professor Langley, was about to stately take off from a houseboat on the river of Potomac in Washington, the United States. However, gAerodomehcollapsed in front of many audience. It ended in a heavy failure, wasting seventy thousand dollars of Government money, in that the pilot faced to a danger of drowning.
The New York Times at that time claimed that it was a waste of Government money, and stated that it will take another thousand years until man can fly.
However, after only nine days later of Langley's failure, at 10 a.m. of December 17, 1903, obscure Wright Brothers who fixed bicycles in Dayton, Ohio, succeeded in flying with their flyer.
They did not have a chance to be educated at university, nor did they present any thesis.

Great invention cannot be established by itself.
Usher presented his theory on invention that great invention, which marks the era, does not come suddenly appear by itself totally, and that various small inventions developed in advance of such great invention marking the era have effects thereon, and further, another small inventions continues to be developed together with such great invention. In other words, developing of invention is accumulative.
Penicillin was invented by Fleming in 1928, however, Tyndall, being famous for eTyndall phenomenonf, reported in 1876 that gThere was green mold (penicillium) grown on the surface of soup left in a test tube, and the soup underneath the green mold was clear, therefore, it could be thought that the green mold had an antibacterial effect.h Unfortunately, no one got interested in his founding.

A British economist has analyzed einventionf.
Abbott P. Usher states that einventionfis not flashes of genius, based on intuition, nor does it necessarily occur at need.
Here, we will introduce four stages for the accomplishment of invention, stated by Usher.
(1) Perception of Problem; (2) Examination of Primary Factor for Solving the Problem;
(3) Discovery of Basic Means of Solving the Problem by Discernment; (4) Modification at the time of Materialization of the Means of Solving.
He has also stated in his theory that great invention, which marks the era, does not come suddenly appear by itself totally, and that various small inventions developed in advance of such great invention marking the era have effects thereon, and further, another small inventions continues to be developed together with such great invention. This is to say that developing of invention is accumulative.
Since this analysis is superior, we would like to analyze actual inventions and venture companies, based on UsherÕs theory.

THEME OF DEVELOPMENT

(1) Perception of problem: This relates to usual continuous consciousness, and in order to perceive problems, it is necessary to keep interests.

(2) Examination of primary factor for solving the problem and Discovery of basic means of solving the problem by discernment This second and third stages are very important for invention to be accomplished.
Keep watching. By probing deeply into a problem, the other factors existing in the inner part can be discovered with a hint that can be incidentally gained for oneself or from the others, so that it leads to a conversion of the consequent idea.
The theme for succession is not to be found by converting ideas, but by probing deeply into a problem, the other factors existing in the inner part can be discovered with a hint that can be incidentally gained for oneself or from the others, so that it leads to a conversion of the consequent idea.

(3) The forth stage is a modification at the time of materialization of the means of solving.
Once the second and third stages are completed, it means that innovative technology is almost accomplished.

(4) Commercialization:In order to result in a venture company, there is the next stage, that is, a commercialization process. This process is the harder problem to be overcome, when compared to the accomplishment of innovative technology in the second and third stages.

SUCCESSIVE INVENTION AND INNOVATION
Market is full of contradictions that it is conservative but always requires new things.
This is the elemental character of human beings.
80% of market is the foregoing structure and function, and approximate 20% is a new functional structure. This new functional structure, which takes about 20% of market, satisfies the progression of market and its innovative part, and at the same time, the foregoing structure and function, which takes about 80% of market, satisfies the conservative part of market.
Therefore, neither things remaining unchanged nor things being too new are accepted by market.
There have been many cases that many of the venture companies fail at this process.
Therefore, it can be concluded that belief and enthusiasm for the developed goods that they will be accepted in market, is necessary.

STUDY OF EXAMPLES
This study is to help the development of invention and innovation by analysis of the history of venture companies of the past: What did they pay attention to, having problematic consciousness and setting a subject; and How did they deepened the subject in order to find the means for solving and to industrialize.
As for examples, we will herewith list the former successful inventions that are developed either by an individual or a minor company. If you are interested, why not try analyzing.
The inventions listed hereinafter is: Ricebin with scale, Turning caution light, Fake crab meat, Rice with no necessity of washing, Instant noodleeChikinramenf, Genroku sushi.

1. Ricebin with scale
(1) Perception of Problem
(2) Examination of Primary Factor for Solving the Problem
(3) Discovery of Basic Means of Solving the Problem by Discernment
(4) Modification at the time of Materialization of the Means of Solving

2. Turning caution light
(1) Perception of Problem
(2) Examination of Primary Factor for Solving the Problem
(3) Discovery of Basic Means of Solving the Problem by Discernment
(4) Modification at the time of Materialization of the Means of Solving

3. Fake crab meat
(1) Perception of Problem
(2) Examination of Primary Factor for Solving the Problem
(3) Discovery of Basic Means of Solving the Problem by Discernment
(4) Modification at the time of Materialization of the Means of Solving

4. Rice with no necessity of washing
(1) Perception of Problem
(2) Examination of Primary Factor for Solving the Problem
(3) Discovery of Basic Means of Solving the Problem by Discernment
(4) Modification at the time of Materialization of the Means of Solving

5. Instant noodleeChikinramenf
(1) Perception of Problem
(2) Examination of Primary Factor for Solving the Problem
(3) Discovery of Basic Means of Solving the Problem by Discernment
(4) Modification at the time of Materialization of the Means of Solving

6. Genroku sushi
(1) Perception of Problem
(2) Examination of Primary Factor for Solving the Problem
(3) Discovery of Basic Means of Solving the Problem by Discernment
(4) Modification at the time of Materialization of the Means of Solving

If you get interested in the above examples, please do not hesitate to send us a response by e-mail.

VALUES OF INTELECTUAL PROPERTY

Invention with high technology has a low value of patent. It can not be easily imitated because circumferential technologies, such as the know-how and devices, even though it is not patented.
Invention with low technology has a high value of patent. It can be easily imitated, however, it is patented so that no one is allowed to imitate. The invention with high technology is easily registered as a patent, and the invention with low technology is hard to be registered as a patent. So, it is our technique to get the invention with low technology registered as a patent.

› OUR CONCEPT