Loading...
Answers
MenuWhere is the place to patent a product for a non US citizen in order to have the best coverage?
Product is hardware developments
Answers
The ultimate coverage is to patent your solution functionality (utility patent) and aesthetics (design patent) in each and every country around the world.
However, practically I chose to patent in a single country usually UK or US to register priority date. Since priority date is the most important element after the patent content itself.
If your product is mainly focused on bringing new aesthetics then you can go for a design patent, which usually require minimum documentation and is registered relatively fast. On the other hand, if you have novel functionality digital or physical then you are better off getting a utility patent, however this could take years to be granted.
I not a lawyer and this not a legal advice.
Hi,
Our operating company has twenty years of experience creating and monetizing intellectual property in the US and abroad. I'd be glad to help!
In general, the choice of country for a patent filing has less to do with your citizenship, and more to do with the country in which you are selling your product or service that the patent covers.
For instance, if you have a physical good covered by a patent, and it's primarily sold in the United States and Ireland, but is made elsewhere, you should really only be pursuing patent coverage in the countries in which the good is sold.
By doing this, you can use a patent to prevent someone from selling a product made with the process that you patented in your desired market. You should be less concerned with pursuing patent protection in the country where the product is made, unless you plan to sell your product in the same country.
If you'd like to chat more about this, let me know! I'd be glad to help you create a patent strategy that makes sense for your product.
Related Questions
-
Should I be worried that a potential client wants us to guarantee that we will cover the litigation costs if they are sued for using our software?
I am a patent attorney generally on the patent owner's side. Signing such a clause should make you nervous. You don't want to be responsible for the major company's infringement. The major company is likely getting more benefit out of using your software than your company is making by selling licenses. The previous gentleman's answer is incorrect. Anyone can be sued for patent infringement if they make, sell, or *use* the claimed invention. It depends on the claims in the asserted patent. Based on experience, it's much more likely that the larger entity would be sued for infringement. A patent infringement case could cost anywhere between $350k-$5M+ USD. http://www.cnet.com/news/how-much-is-that-patent-lawsuit-going-to-cost-you/ In order to properly answer your question, I would need to know why you feel it's "very unlikely" that someone would sue the major company for using your software. If the major company won't back down on this provision, the best thing you can do is determine if you need IP (defense) insurance. If a patent attorney determines that it is necessary, raise the price of your license and get IP insurance.AP
-
Can i create and sell my invention before filing for a provisional patent and maintain my rights to the invention?
The answer is yes, but it always depends. Let me begin by saying that the more knowhow, etc. involved, the easier it is to sell something without any patent protection. Otherwise, you are trying to sell something without protection and you get no protection until the patent issues, which may take years. The acquirer may just run with it (I would) without licensing knowing there is no cost until your patent issues. Then, when you file, they will see your claims and try to modify their product around your claims. It is slightly vicious in nature. That said, I may not act much different if you file first, unless I can buy your patent or the license costs are very inexpensive. Secondly, many countries have absolute novelty and you will not be able to protect your invention there ever, even if a licensee arises and wants to enter those markets. This too, is a serious limitation for licensing. My conclusion would be that you are underfunded to address your IP and that I can get away with murder. Filing the application is your way of telling people that you are serious. That said, it is not necessary and I have a lot of clients that file later or never file.GF
-
My friend and I started a new business to patent and license a new piece of equipment. What kinds of pitfalls should we avoid?
Below is a link to a resource I provide my investors. The 50 questions are specific to product design/development but the 15 categories are questions that apply to any industry. If you can answer these questions about your deal you will have gone a long way to avoiding the common pitfalls in the product commercialization process. http://www.jaredjoyce.com/freetreats/50questions.pdf Once you have answered the questions for your deal if you'd like to call me I can evaluate your answers, educate you on what strategies are available that would be the best fit for you, and then help you execute your strategy.JJ
-
I have an idea for a simple household kitchen product (under $5). Where can I get good advice on the process of bringing it to market?
Hi! The quick answer is that simple invention ideas are great as they are the fastest and least expensive to develop, yet can still be highly profitable. I run a consumer product firm which has developed hundreds of inventions for home-based inventors or small product firms - Essentially we take it from Idea to Store Shelves. The best advice I can give is to ONLY do what is absolutely required to sell product... There are lots of great services out there that are beneficial; however, if you're on a limited budget, stick to only what is necessary to make a sale, which is: 1. Industrial Design / Engineering, 2. A manufactured sample and a manufacturer who can produce product, and 3. A provisional patent. Essentially what you need is a real, physical, and fully functioning unit of your product, the prices to manufacture that product and a manufacturer who is ready to produce units, and intellectual property protection so that your idea is not stolen. Once you have these 3 items, you can start to present your product to wholesalers, retails, distributors, etc. If someone likes it and the price is reasonable, they can place an order, and your business and dream product starts to grow. From there, there is a whole world of possibilities, but the most important thing for now is to develop your product from 'idea' into 'real'. Whatever you do, do not get caught up in the idea of 'licencing' your idea. An idea is almost impossible to licence unless it is CURRENTLY being manufactured AND being SOLD through stores. If someone or a company says that they will help licence your product idea for royalties, etc., then they should be willing to do that for FREE, no charge, no fees. Many people attempt to charge fees to licence a product idea; however, if you aren't currently selling in stores, it will almost be impossible to get any form of monetary payment, so they usually are just trying to get your fees for their 'marketing' services, which are almost useless for an undeveloped product, and they know this. If you would like more information on some of the details of product development, we have a free Invention Guide on our website, check it out here: http://www.makoinvent.com/free-invention-kit/ Cheers, Kevin Mako President, Mako Invent www.makoinvent.com www.facebook.com/makoinvent www.twitter.com/makoinventKM
-
Do I need an International Patent for a Kickstarter Campaign if there is a similar product in Spain that holds an EU Patent already?
You should ask a patent attorney.CH
the startups.com platform
Copyright © 2025 Startups.com. All rights reserved.