​​Patently Strategic - Patent Strategy for Startups

International Patents: Your Travel Guide to Foreign Protection

24 snips
May 27, 2025
In a detailed discussion, experts delve into the complexities of international patent protection. They emphasize that there’s no single global patent, highlighting jurisdictional rights. The conversation explores strategic decision-making for filing in various countries, including costs and enforcement challenges. Listeners learn about the importance of aligning patent strategies with business goals and the implications of international treaties. Key insights on maintaining compliance and navigating unique local laws for successful patent prosecution are also shared.
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INSIGHT

There Is No Global Patent

  • Patents are jurisdictional property rights and no single patent covers the world.
  • A U.S. patent only excludes activities inside U.S. borders, not in other countries.
ADVICE

File Where Business Happens

  • Choose foreign filing countries where you will sell, manufacture, import, or face competitors.
  • Prioritize markets where enforcement and business value justify the patent costs.
ADVICE

Be Willing To Enforce

  • Before filing abroad, ask if you'd litigate to stop an infringer in that country.
  • Skip countries where enforcement isn't worth the cost or feasibility.
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