A US patent lasts five presidents

By Kees Hollaar, M.Sc. 12 March 2025

Blog importtarieven Amerika mrtWith Trump's love of import tariffs the playing field is changing quite considerably if you supply goods to the US market. That's because US companies have to pay 25% duty when they buy goods from a foreign supplier. This makes it harder for European companies to serve the US market. What can you do about this? 

It's a good time to start counterfeiting

It can be discouraging to compete with US companies which, thanks to the import duties, are able to offer their products to US consumers 25% cheaper than you are. It then becomes tempting for US companies to give Trump his way and opt for domestic suppliers. The economic incentive for US companies to buy products from domestic suppliers is very clear. It's a great time for these suppliers to start producing counterfeits of products made by European companies. That way, they are able to offer them 25% cheaper than their European counterparts.

A US patent as a weapon

What can you do to stop this from happening? You might not expect it from a patent attorney, but the answer is get a patent. A US patent to be precise. A patent will prohibit US competitors from marketing the same product. This will make it more difficult for companies to switch to a US supplier. A US competitor will first of all have to come up with a work-around to circumvent the patent. On top of that the product will be less appealing to buyers if the technology is not patented. This weakens the counterfeiter's competitive edge. In some cases, the US supplier will even have to apply for a licence to the patent. In this way you can still do business in the US market as a European company.

Still protected when Trump is no longer president

In short: a US patent is a powerful tool against the economic incentives Trump is trying to give to US companies. A patent creates a barrier to US competitors looking to take advantage of high import tariffs and helps you protect your market share in the US market. As an innovative European entrepreneur, with a US patent (or design registration), you will still be protected even when Trump, with his whims, has long since left the White House.

About the author

After graduating in Mechanical Engineering, I spent five years as a design engineer before joining EP&C in 2004. Since becoming a qualified patent attorney in 2008, I’ve worked with clients in...

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