Factors for patentees to consider when deciding where to file patents internationally:
- Where the patentee and/or potential infringers have a presence (patentee has best knowledge)
- Patentee’s business strategy regarding patents (patentee has best knowledge)
- Standards of patentability in the jurisdiction for invention subject matter (help needed from IP or other expert)
- Restrictions on patent rights within the jurisdiction for invention subject matter (help needed from IP or other expert)
- Degree of enforceability in the jurisdiction (help needed from IP or other expert)
- Process, cost, and timeline to apply for and obtain a patent in a particular jurisdiction (help needed from IP or other expert)
The relative importance of the above factors will depend on patentee’s business plan and goals.
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