When applying for a patent you are going to have to decide, sooner or later, in which countries you want to register your idea. Most innovators instinctively say, worldwide. You can read all about why this is not such a good idea in my blog Applying for a patent - I want to apply for one globally.
OK, so global protection is not an option. How then do you go about deciding the geographic coverage of your invention? Every situation is different, but I would like to give you a couple of tips.
Tip 1: Protect your invention where your market is
Apply for a patent in the countries where you'll sell your product. That's where you want exclusive rights and where you'll benefit from your temporary monopoly. Copies won't hurt you in a country where you don't sell anyway.
Not sure where your market is?
If you can't or don't want to choose yet, you can buy time with the NL PCT route. It gives you up to 30 months to decide. At some point, though, you'll still have to make a choice.
Tip 2: Protect your invention where your competitors make their products
With your patent you can forbid others from making your product or using your process. You can therefore create a strong position for yourself by registering your patent in a country where your competitor makes its products.
For most companies, moving production to a country without patent protection is complex and expensive. In practice, this has proven a very effective way to block a competitor, or to persuade them to take out a licence.
Tip 3: Think about how goods travel
Do you make goods that are shipped overseas by container? Then registering your patent in countries with major ports can be a smart strategic choice.
For a patented product that is manufactured in the Far East for sale on the European market, for example, you can get quite a long way by registering your Intellectual Property rights in Belgium, the Netherlands and Germany.
The patent forbids the import of protected goods into the countries in which it is in force. The customs have the right to stop these goods at the border. With a patent that is applicable in Belgium, the Netherlands and Germany, the ports of Antwerp, Rotterdam and Hamburg are then 'barricaded' as it were.
In the case of products that are largely transported by air, you could look at a map of the world in a similar way.
Fortunately you do not need to decide straightaway which countries you should select. Instead, you can wait to see how successful the product is actually going to be - and where.
