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Most applicants file national phase patents in too many countries.
Remember that a patent prevents others from importing and selling your product in a patented country. So, you don't need to extend your patent to all countries of manufacture.
FIRST: File national phase patents in countries of "ultimate sale" that constitute about 60% of the potential market. Generally, this is achieved by filing 5 or so national phase patents. Your goal is to make infringement of your patent less attractive than alternative options ... and setting up manufacturing and distribution systems for a bucket full of countries constituting less than 40% of the potential market is not exacty a dripping roast.
Top countries by Gross Domestic Product (GDP) |
Top countries by patent applications |
|---|---|
| 1. US | 1. Japan |
| 2. China | 2. USA |
| 3. Japan | 3. China |
| 4. Germany | 4. South Korea (Note: mainly local filings) |
| 5. France | 5. Germany |
| 6. United Kingdom | 6. France |
| 7. Brazil | 7. United Kingdom |
| 8. Italy | 8. Russia |
| 9. India | 9. Switzerland (Note: mainly pharmaceuticals) |
| 10. Canada | 10. Netherlands (Note: intermediary licensing territory) |
| 11. Russia | 11. Italy |
| 12. Spain | 12. Canada (Note: mainly mining-related) |
| 13. Australia | 13. Sweden (Note: mainly cellphone-related) |
| 14. Mexico | 14. Australia |
| 15. South Korea | 15. Finland (Note: mainly cellphone-related) |
NEXT: File a strategic national phase patent in a low-cost "conduit country" on each continent.
A perfect "conduit country" is South Africa - it is the African country with the highest GDP (29th in the world); nearly all goods imported into Southern Africa flow through South African ports; the country has a population of 45 million; and it is where most skilled manufacturing for Southern Africa occurs. Best of all, it is not an examining country. So, you are guaranteed a patent within 9 months at a fixed price.
Also, ZA national phase patents can be filed within 34 months of the earliest priority date.
To secure a South African patent costs only $585 / 460 Euros, irrespective of the length of the patent specification or the number of claims. And, maintenance fees / annuities do not exceed $80 per year.
South Africa should be a "default selection" for every patent entering the PCT national phase.
Our suggested country selection (for general applications) is:
1. USA
2. China
3. Japan
4. Germany
5. United Kingdom
6. Brazil
7. South Africa
8. India
9. Russia
10. Australia