After doing an invention you now want to understand, “what are the areas of jurisdictions in which you want to get patent rights for it?” Thus, find all such suitable market places where you can sell the benefits of your invention. These places can be the country where you develop the invention or outside the country you live in. So when you move out from your country to seek for patent grant, then you need to seek foreign patent filing strategy from your patent attorney.
However, there are lots of things to consider while going for foreign patent filing. Like, doing research and finding the foreign market places where your invention can bring revolution in people’s lives. What are key markets of your competitors, what are key locations where you can do manufacturing of your patent etc. We have brought this article to clear all such queries of yours in regard to foreign patent filing. So read full and clear all the doubts you have.
Also read: Patent Application Proofreading Steps to Make Error Free Patent
What are key considerations for foreign patent filing?
So, before you think of filing foreign patent grant for your invention, read our key considerations list so that you don’t go off track:
Why you want the patent for your invention? i.e., what is the Patent Strategy?
Patent strategy means, how and why you want to use your patent. Following could be the reasons for same:
- Stop your competitors from copying your invention
- Hurt your competitors to get competitive advantage in market
- Use your patent for earning revenue by licensing or selling it
- Use you patent to acquire funding for your business
What is the budget for patent filing?
Do you have an unlimited or large budget for patent filing? Or it is limited and focused for few specific locations? Answering such questions will make you decide whether to go for foreign patent filing or not. Does your company, ready to fight for a patent in difficult jurisdiction? As this will require a large capital to invest.
What are the resources you have to assist you in foreign patent filing?
Before going to file the foreign patent, do dig in and find the resources at your disposal. Does the IP professionals you have are competitive and skillful enough to file international or foreign patents? Or if you don’t have an in-house team, are you willing to hire an external IP agent for patent filing? Of-course you need to increase your budget if you increase the resources for patent filing.
How quickly i.e. what is the time limit in which you need the patent grant?
How quickly or when does your organization need the patent grant majorly decide the scope of foreign patent filing. Suppose you need it in 4 years from starting of patent filing process, thus you should select such route and countries where you can get the grant in this much time only.
Art of patent drafting for guaranteed patent grant success?
Hire a professional IP attorney to understand, what kind of claims you need to write in application. How should you draft your application effectively, so that you get successful patent grant across different countries without facing an office action.
Also read: Utility Patent Application: Guide to Filing It
Most sought countries/jurisdictions for filing patent
Many a times businesses take decisions on foreign patent filing, that are not much strategic in nature. It is because they don’t know which market place they should target to make their invention a success after getting patent grant. Thus, the fact that we are going to share, is also known as rule of thumb for foreign patent filing. It will tell you what could be the best destinations to file your patent.
Some important and most sought countries for foreign patent filing are as follows. They will ease you in taking decision regarding international filing:
- Must have patent countries: USA and European Patent Office
- You must file your patent in very large economies like: INDIA, JAPAN & CHINA
- Other large economies like, BRAZIL, SOUTH KOREA & MEXICO
- English Speaking economies like, AUSTRALIA, CANADA & SOUTH AFRICA
- Far eastern and developed economies like: INDONESIA & THAILAND
- You should also include countries that have a main port entry. As it will allow you to trade easily and cheaply.
This is the rule of thumb you need to follow while seeking foreign patent grant for your invention. Thus, if you intend to file foreign patent applications, in areas outside the above countries, you might not be able to do justice with investment on your invention and its patent filing.
A very important thing to Note
Don’t be in dilemma that a foreign patent filing will give you the patent grant all over the world. It is not the case, a patent application filed in US will be applicable in US only. Similarly a UK patent will be applicable in UK only and so on. Thus, to obtain foreign patent rights for your invention, you must file the patent separately in each of the countries you want to seek patent grant for. The reason for same, each country has different patent laws. Hence same patent can’t be asserted in multiple countries.
Also read: Patent Filing: Need and Ways to Increase in Organization
How can “PATENT PARALEGAL FORCE” help you with this?
As you read above, each county has their different patent laws, thus it can be nightmare for you to think of obtaining patent rights in multiple countries. This makes the International or foreign patent filing a cumbersome task to achieve. Thus you need a professional patent paralegal, who is exposed to patent laws of multiple countries. They can help you meet the challenges possessed by patent law of every country in an easier way. Thus, they make your foreign patent filing smooth and quick. That is why you need to choose us, “Patent Paralegal Force”
Our work force consists of trained and experienced patent experts who have in-depth knowledge of all the technical domains. Thus, taking our help will make you produce patent application with well written claims. Customer satisfaction is the priority for us, and hence. Our state-of-the-art tools help us to give the services you desire for. Read more about us here.
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