Hello, this is Hiro.
The other day, I took a photo of Mount Fuji from the window of the Shinkansen heading to Tokyo on a business trip. The visible time was surprisingly short. To catch the moment between passing buildings, I pressed the shutter the instant I thought, “This is it.” A split-second difference drastically changes both the captured scene and the impression.
In the world of intellectual property, this “initial response” also determines the outcome. The moment a new product or service is unveiled, the risk of imitation skyrockets. Simultaneously, the available protection options later on (i.e., the “scope that can be protected”) can narrow.
For instance, with technology (patents) and design (design patents), the timing of disclosure is crucial from a novelty standpoint. Naming (trademarks) is also an area where acting early generally offers an advantage. Preview posts on social media, early listings on e-commerce sites, or “peek-a-boo” reveals at trade shows – that first step can sometimes make subsequent applications or negotiations much harder.
In reality, stories like “I tested reactions on Instagram before launch, only to see similar products appear the next month” are not uncommon. While some fields (patents, designs) offer remedial systems (so-called exception provisions) even after disclosure, these come with requirements and deadlines and are not universal solutions. This is precisely why considering and preparing applications before disclosure is a highly cost-effective risk management strategy.
A glimpse of Mount Fuji from a train window passes in an instant, but the “publication” of your business (ideas, designs, naming) remains online, continuously exposed to public view. When you have an idea, start by planning how to protect it. Acting early allows you to “design” how to secure rights and manage disclosure.
For intellectual property consultations (initial checks for patents, designs, trademarks, etc.), please feel free to use our contact form.
