International Patent Strategy: Tips For Selecting Countries In Which To File

A question that patent attorneys often receive from clients who are relatively new to international patent filing procedures is "where outside of the U.S. should I file my patent application?" While the attorney typically can't provide the answer — each client must choose the countries that make sense for its business —  the attorney can help lead the client to the answer that's right for them by asking a few key questions. Here are key factors that I typically ask clients to consider when deciding where to apply for patent rights outside of the U.S:

What is the cost in each country?

The budget is always going to be a very important factor. After the U.S. patent application is filed, international filing costs typically vary from about $2,000 to $8,000 per country.  Costs of prosecution and maintenance can raise the cost to $20,000 or more per country over the life of the patent.