Part III of III: Where to enter national phase?

Part III: Where to enter national phase?


“If you build it…”

We’re sometimes surprised by how often applicants say they’re filing in a particular country simply because that’s where they intend to manufacture the product. If money is no object, there’s nothing wrong with this approach. However, unless there is something special about that country’s manufacturing sector that makes it likely a competitor would need to get a particular product manufactured there, applicants should consider whether this money might be better spent protecting markets where the product will actually be sold. A competitor choosing to manufacture in Korea rather than China is a trivially easy way to avoid a Chinese patent, for example.

Patent Snowflake PrincipleThe Snowflake Principle

No two inventions are the same, and different patent applications may have different importance to your business. It may not make sense to your business to always proceed in the same combination of countries with all applications. Perhaps your budget would better be spent by getting wide coverage for important inventions, and lesser coverage for inventions that are less central to your business.

Photo credit: CaptPiper


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