With respect to your first filed patent
application, you may not have a choice. Some countries have export control laws
that require that you first file in your current country. Only after being
granted a foreign filing license do you then have the option to file in other
countries.
According to the Paris Convention, you have
within one year of your first filed application to file in foreign countries
and claim priority to the filing date of the first filed application. Filing in
many countries can be extremely expensive, however. A common strategy is thus
to file a single PCT application, which can
later be the basis for national/regional stage filings. This delays the
expense, and allows more time to decide which countries are best. But one must
realized that this strategy only applies to PCT member states. That does not
include some countries, for example, Taiwan and Argentina. Applications must be
filed there within a year of the first filing.
30 months after the earliest priority date of
the PCT application, you’ll need to decide which countries (or regions) to
enter the PCT application into. The best choice may be none. For example, if
the PCT search report reveals prior art that is fatal to the patent application.
Assuming there are no major show-stoppers in the
PCT stage, then there is a complex analysis that needs to take into account
various factors, such as 1) your patent budget, 2) the market size in each
country, 3) the likelihood of manufacturing in each country, 4) the strength of
patent laws in each country, 5) the kinds of technologies patentable in each
country. Balancing these against each other and coming up with an set of
countries is extremely case specific. There is no generic answer as to what
country or countries is best in the abstract. That being said, some of the most
common countries/regions are US, Europe, Japan, Canada, Australia, S. Korea,
and China. Within Europe, patents are most often validated in UK, France, and
Germany
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