Filing strategy
Where, when and how should patent applications be filed? We discuss this question in detail with our clients in order to find the best strategy in each case.
Where should you apply?
Unfortunately, there is no such thing as a “world patent”. A patent application must be filed nationally and the number of countries in which you apply determines not only the scope of protection you might obtain but also the level of expenses involved in the process.
Where to start
Often the first patent application is filed with the Danish Patent and Trademark Office but a number of other possibilities exist, e.g.: - Danish utility model application
- German utility model application
- International patent application (PCT application)
- European patent application
- American patent application
- Provisional patent application (in the USA)
The best choice depends on several circumstances, e.g. when you need protection, which markets are the most important, if the invention is under development or completed, technology area and level of expenses involved.
In the end, you might obtain a rather similar scope of protection. However, the date on which you receive a response from the patent authorities, the amount of expenses and when such expenses fall due as well as the date on which you obtain enforceable protection of your invention may vary a lot.
You are entitled to claim priority from an existing patent application if you apply within 12 months of your original application. As a result you can file applications for the same invention in different countries and still meet the novelty requirement although your invention was made available to the public in the meantime.
If you need any further information, please do not hesitate to contact us or order our brochure about filing strategy.
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