Contemplating Patent Protection in Foreign Jurisdictions
During management’s last meeting, it was clear that our international sales have tripled over the last few years. Some of us expressed concern about potential “knock-offs” in other countries. Some of our suppliers are in Asia and the Pacific. We talked to other friendly companies about the costs of foreign Patents. The information provided by our friendly contacts about costs varied. Their common denominator was conjunctive – but the foreign Patent costs!
Should Our Company File Foreign Patent Applications?
It depends. As a general rule, Business Patent Law advises clients: If a foreign Patent will not make money for the Company or prevent the Company from losing money, there is no business reason for filing one.
Patent rights create a limited monopoly in the foreign jurisdiction granting the Patent.
General Observations on the Costs of Foreign Patents.
- Applications that can be filed in the English language tend to cost the least
- Applications that must be transliterated from English into a non-Roman alphabet language tend to be the cost the most
- Applications that can be translated into a foreign language using the Roman alphabet tend to cost somewhere between an English language Application and a transliterated language foreign Patent Application
- Usually, the Parent Patent Application is a United States Patent Application prepared by Business Patent Law. When Business Patent Law’s foreign associates opt to utilize most of Business Patent Law’s United States Parent Patent Application, costs to our clients tend to be less than when foreign associates do not use BPL’s Parent Patent Application
Rankings of Costs of Procuring and Maintaining Foreign Patents in Select Foreign Jurisdictions*
- European Patent Office 14-17 x USPTO costs
- Japan Patent Office 2.5-3 x USPTO costs
- Korean Intellectual Property Office 2-3 x USPTO costs
- China National Intellectual Property Admin. 2-2.5 x USPTO costs
- Mexican Patent Office 1.5-2 x USPTO costs
- Brazilian National Institute of Industrial Prop. 1-2 x USPTO costs
- Australian Patent Office 1.0-2 x USPTO costs
- Russian Patent Office 1.0-1.5 x USPTO costs
- Philippines Patent Office 1.0-1.5 x USPTO costs
- Canadian Intellectual Property Office 1.0-1.5 x USPTO costs
- Indian Patent Office 1.o-1.5 x USPTO costs
* Estimates are based on Business Patent Law’s experience, and due to other countries’ Patent Office and foreign associates activities, fees can be outside of the above estimated ranges. Ranges are based on everything proceeding smoothly in the other Patent Offices.
If we can assist your Company with developing a foreign strategy, please contact Business Patent Law, PLLC.
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