Why an American patent lasts five presidents
With 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?
A good moment to start copying
Competing with US companies that can undercut you by 25% is a tough position. The incentive for American buyers to switch to domestic suppliers is obvious. And that makes it an attractive moment for those suppliers to start producing copies of European products, priced 25% below the original.
A US patent as your defence
So how do you stop that? You may not expect this from a patent attorney, but the answer is a patent. A US one, specifically.
A patent stops US competitors selling the same product, which makes switching to a domestic supplier much harder. Your competitor would first have to design around your patent. And an unpatented imitation is a less appealing product for buyers, which weakens the copier's position further. In some cases, the US supplier will need to license your patent instead. Either way, you keep a route into the US market.
Protection that outlasts the policy
A US patent is a powerful counterweight to tariff-driven incentives. It creates a barrier for competitors hoping to exploit high import duties, and it protects your market share.
Trade policy changes. A patent lasts 20 years. As a European innovator, a US patent or design registration keeps protecting you long after the current tariffs are gone.
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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