We have listed below 9 strategies to consider when choosing where to pursue patent protection:
1. Your largest markets: Particularly in cases where your product could be manufactured anywhere.
2. Countries where competitors would be likely to manufacture an infringing product: Particularly where competitors have existing manufacturing facilities that cannot be easily relocated.
3. Countries where you are considering manufacturing: This helps avoid a manufacturer selling your product on the side.
4. Your home ground: File in Australia to protect your home market – often the market that is easiest to access commercially.
5. Your pilot markets first: Having a national patent filed in the countries you are commercialising in initially enhances credibility in those markets.
6. The United States: As the largest consumer market in the world, this jurisdiction represents by far and away the best value for money in terms of IP protection.
7. Europe: Many countries can be protected by a single application and it represents the 2nd largest consumer region in the world.
8. Countries where you patent is being infringed: in order to be able to address that infringement with an enforceable right as soon as possible.
9. Your future markets: As patents have a 20 year lifespan, it is important to consider that the markets that are most valuable now may not be the markets that are most valuable in 5 or 10 years time.