Once a patent search has been performed, and/or a decision has been made to pursue a patent, several aspects of how best to move forward need to be considered. The selection of which jurisdictions to file a patent application will be largely determined by the markets one foresees doing business in. In many cases, it is not clear which markets will be important.
Thus, the ability to leverage the Paris Convention’s one-year priority right for filing parallel applications in other jurisdictions is quite valuable in enabling one to keep all options on the table at the start of the process. International (or PCT) applications, while more costly, can extend the timeframe for such decisions even further.
The choice of what types of applications to file, and when to file, forms the basis of the filing strategy. Creating a strong patent portfolio has synergistic benefits with regard to valuation beyond the patentable inventions themselves per se. In evaluating such options, budgeting and timing become significant factors in structuring a filing strategy.
Paramount to understanding the “big picture” in the overall process is working closely with a well-informed patent counsel who can clearly convey both the legal and economic tradeoffs of the options, both in the short term and the long term. Selecting the firm or practitioner who will handle the drafting and filing is a process unto itself. It is advisable to consider what qualities and expertise to look for when making such a pivotal decision.
FlashPoint IP factors these wide-ranging aspects into the process of securing patent protection, whether in searching the prior art, drafting patent applications, selecting how and where to file, or prosecuting your claims to an invention to help you maximize value in an extensive array of practice areas. Our patent attorneys are adept at synthesizing the many facets needed to create a winning formula for your IP.
FPIP files patent applications on behalf of its clients directly before the USPTO, EPO, WIPO, and ILPO, and worldwide via our network of professional associates. Contact us to discuss your options regarding IP positioning and strategy, and how best to secure your rights.
