One of the most important – and expensive – decisions in the patent lifecycle is where to seek protection. Patents are territorial by nature. You only receive enforceable rights in countries where an application is filed. If you skip a jurisdiction, you forfeit the ability to prevent competitors from making, using, selling, offering to sell, or importing your claimed invention on the subject technology in that jurisdiction.
This is why developing a thoughtful international filing strategy early in the process – ideally before your first major deadline (such as the 12-month priority date) – is essential.
While costs can be a limiting factor, a well-planned approach can strike the right balance between commercial value, competitive risk, and long-term opportunities. Below are some key considerations to guide that strategy.
1. Prioritize Your Commercial Markets
Start with your core business goals. Ask yourself which countries you are (or will be) planning to:
- Launch or sell your product?
- Manufacture at scale?
- License or partner with others?
- Compete with or block rivals?
You don’t need to file everywhere. But you do need to cover the countries that matter most for your business model, either currently or anticipated over the next 5 to 20 years.
2. Focus on Global Manufacturing Hubs
Even if you’re not selling in certain regions, you may want protection where your technology is most likely to be manufactured or copied. According to relevant statistics, the countries with the highest share of global manufacturing include:
- China
- United States
- Japan
- Germany
- South Korea
- India
- United Kingdom
- Italy
- France
These countries are often hotbeds of product development, industrial production, and IP enforcement activity. Including them in your filing strategy can help you preserve your rights in high-risk, high-volume jurisdictions.
3. Always Protect Where You Manufacture
If your product is being made in a particular country—whether in-house or through a manufacturing partner—you should strongly consider filing there. Local manufacturers inevitably gain detailed insights into your product and processes, and protection in that country helps mitigate the risk of misappropriation or unauthorized reverse engineering.
4. Track Where Competitors Operate
Look at where your key competitors are filing, manufacturing, or selling. Filing in those jurisdictions can give you leverage, discourage infringement, or block their ability to launch similar offerings.
5. Think Ahead About Licensing Opportunities
Some markets are valuable not because you’ll commercialize there directly, but because licensing potential exists. You might file in a jurisdiction simply to support future licensing deals or create cross-licensing opportunities with competitors.
Consider:
- Countries where major players in your sector are based
- Markets that historically see strong patent monetization
- Regions where cross-border enforcement is effective
Early outreach to prospective licensees—especially during the international filing window—can also help shape your filing decisions.
6. Don’t Skip Your Home Country
Filing in your country of incorporation or operations offers practical benefits. Local filings can help prevent former employees, vendors, or collaborators from launching competing products. It’s also easier to monitor activity and take enforcement action where you’re based.
7. Use Regional Patent Systems Strategically
Where available, regional patent offices allow you to file once and later extend protection to multiple countries. For example:
- The European Patent Office (EPO) covers over 35 European member states.
- The ARIPO and OAPI systems offer regional filing in parts of Africa.
- The Eurasian Patent Office covers certain former Soviet states.
These regional filings can simplify prosecution, reduce duplication, and defer decision-making on which national validations to pursue.
In Europe, countries like Germany, France, the UK, and Italy often serve as a strong base. You may also consider the Netherlands or Belgium, which are home to major ports where infringing goods often enter the market.
8. Layer Strategic Territories on Top
Your technology area and business model will heavily influence what may be “strategic.” Beyond your core markets, it may be worth filing in select smaller countries for strategic or defensive reasons. For instance:
- Singapore can offer cost-effective early enforcement options.
- Smaller markets may be valuable for test launches or regional partners.
- Certain jurisdictions may be favorable for litigation or customs enforcement.
Considerations
International patent protection isn’t just about checking boxes – it’s about aligning your IP strategy with your business goals. You can’t add countries later, so front-load your planning with foresight and commercial clarity. Whether your goal is market exclusivity, licensing revenue, or competitive positioning, a targeted global filing strategy will help you protect and maximize the value of your innovation.
Need help with your IP Strategy? CrossBorder IP helps mature companies and startups understand and unlock the potential of its Intellectual Property and Technology. Reach out to start the conversation.