Deciding Where to Obtain International Patent Rights

Determining where to seek patent rights is an important and expensive decision. If you know you are going to want international patent protection, the best, most cost-effective course is to file directly in those countries. This direct filing strategy does not utilize the Patent Cooperation Treaty (PCT), but instead leverages direct filings in countries of interest. For well established companies in mature markets, this can be an effective strategy. For immature markets, new companies, or even mature companies entering immature markets, it is difficult to know where patent protection will be necessary, which makes an international patent application filed pursuant to the PCT a highly effective strategy.

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