When you receive a patent decision, it is advisable to consider a 'divisional application.'

If a startup tries to protect its technology with just one patent, it can be relatively easy for competitors to nullify that right with a single invalidation trial and enter the market. The validity of a patent is generally determined by a requirement known as 'inventive step,' as there is no patent in this world for which the possibility of denying inventive step is 0%.

As a result, there are limits to blocking all subsequent entrants with just one patent.

To prevent this situation, if you have received a patent decision but haven't yet registered it (paid the patent fee), it is advisable to strategically consider the divisional application system.

A divisional application is a system that allows multiple patents derived from a single application to be registered individually, enabling the securing of multiple rights by varying the detailed composition of the technology or splitting the claims.

Registered patents recognized as independent rights mean that competitors must file separate invalidation trials for each patent if they want to nullify them, and they must win in all those trials to freely use the technology.

The divisional application makes attempts to invalidate patents complex and burdensome, thereby making it harder for subsequent entrants to enter the market (as the cost of invalidation trials generally increases with the number of patents).

Especially when the core points of technology are clear or there are various application examples, this strategic divisional application proves to be much more powerful.

Additionally, if patent rights are secured as multiple patents, it can receive positive evaluations during the valuation process conducted by investors or external organizations. A portfolio composed of multiple registered patents is considered superior in terms of scalability, business viability, and defensibility compared to a single patent.

Of course, not all patents can be filed as divisional applications, and a high-level specification drafting strategy that considers divisional applications from the initial patent application must precede in order to fully utilize the divisional application system.

Therefore, it is necessary to formulate claims with divisional applications in mind from the very beginning of the patent filing. Divisional applications for maintaining the application before the patent decision, and expanded divisional applications for strengthening the portfolio just before registration, can be employed as appropriate strategies depending on the timing.

Alongside developing technology, it is also important to consider how to protect and utilize that technology. Divisional applications can be a crucial means of that strategy and are worth considering from the early stages of starting a business.