Kobayashi & Yugeta Law Office
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Kobayashi & Yugeta Law Office > PRACTICE AREAS > Intellectual Property and IT Technology > Patent Law

Patent Law - effectively and persuasively distilling technicalities into legal arguments

We have jointly handled patent-related disputes with patent attorneys who are specialists in various technical fields.
Many judges who hear patent-related lawsuits do not have technical backgrounds, so it is important for them to have access to a wealth of scientific knowledge to be able to deal with disputes. We thoroughly interview company engineers and patent attorneys in charge until we can condense the specific technicalities of a case into a persuasive legal argument. We then make every effort to communicate the technical content and details to judges.

In addition, judges will interpret constituent elements with a legal and factual mindset, rather than from an engineer's perspective and judge inventive steps. The more knowledgeable you are about technology, the more likely you are to talk about its significance as a raw fact, but it is the courts that make the decisions. In order to advance a case to its advantage in any way possible, the use of legal thinking to determine and assert facts in the right places is essential.

We have the advantage of being able to handle a high number of patent lawsuits. The question is how to organize the technical claims in terms of legal and factual requirements and convey them to the court in an easy to understand manner. We are constantly improving our methods in order to do this.

We also provide a wide range of services in relation to patent licensing, joint research, and development agreements. In addition to the above, we have brought in Shinji Hirata, a lawyer who is a former Japan Patent Office examiner, and are working to improve the quality of our services in the field of technology, such as prior art searches.