International Patent Filing Considerations For Startups

For U.S. startups developing innovative technology, the decision of where and how to file international patents requires a careful balance of strategic considerations versus costs. After filing your initial U.S. application, you have exactly 12 months under the Paris Convention to decide where else to seek protection—and this deadline is non-extendible. (A two-month "restoration" period sometimes is available if the 12-month deadline is missed.) Given the potentially high costs of pursuing non-US patent protection, startups must start thinking about where (and if) to file internationally long before the 12-month date.

The Global Patent Landscape

The numbers tell a compelling story about where innovation matters most. Five jurisdictions—the U.S., European Patent Office (EPO), Japan, South Korea, and China—account for 89% of global patent filings. For U.S. companies, the typical filing order after the domestic application is EPO, China, Japan, then Korea. This