Thứ Sáu, 1 tháng 6, 2018

Which is the best country to file patent rights?

BY Juna Mèo IN , , No comments

With respect to your first filed patent application, you may not have a choice. Some countries have export control laws that require that you first file in your current country. Only after being granted a foreign filing license do you then have the option to file in other countries.

According to the Paris Convention, you have within one year of your first filed application to file in foreign countries and claim priority to the filing date of the first filed application. Filing in many countries can be extremely expensive, however. A common strategy is thus to file a single PCT application, which can later be the basis for national/regional stage filings. This delays the expense, and allows more time to decide which countries are best. But one must realized that this strategy only applies to PCT member states. That does not include some countries, for example, Taiwan and Argentina. Applications must be filed there within a year of the first filing.

30 months after the earliest priority date of the PCT application, you’ll need to decide which countries (or regions) to enter the PCT application into. The best choice may be none. For example, if the PCT search report reveals prior art that is fatal to the patent application.

Assuming there are no major show-stoppers in the PCT stage, then there is a complex analysis that needs to take into account various factors, such as 1) your patent budget, 2) the market size in each country, 3) the likelihood of manufacturing in each country, 4) the strength of patent laws in each country, 5) the kinds of technologies patentable in each country. Balancing these against each other and coming up with an set of countries is extremely case specific. There is no generic answer as to what country or countries is best in the abstract. That being said, some of the most common countries/regions are US, Europe, Japan, Canada, Australia, S. Korea, and China. Within Europe, patents are most often validated in UK, France, and Germany

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