Very often an invention, namely a new technical idea, is taken as the starting point for patent protection. However, which protection strategy makes sense depends only to a small extent on the invention itself.

The filing strategy depends on what business objectives you are pursuing and how you want to create value with the patent. It is not just a question of which countries you ultimately want to have a patent in. Rather, it is about balancing the opportunities and risks of the individual case by skillfully using the legal instruments to create the necessary options and safeguards in the future.

Questions arise such as: Is the invention part of a complex system that I am not building myself? Can I protect the benefit that my customer’s customer has? Or can I use the protection to strengthen my supplier’s loyalty to me?

Do I have direct access to the interesting markets or is a cooperation necessary? Should the invention therefore be protected beyond my own markets?

Timing aspects are also important: Does the Patents have to cover a whole range of new technical solutions because it is not yet clear in what form the product will be brought to market? Is it a pioneering invention for which the market may take years to develop?

Or is long-term protection not even economically necessary? Is it primarily about emphasizing the novelty character in marketing through “pat. pending”?

When will the product be presented to the public? How long will it take to find out in which countries the protection is really needed? How quickly can competitors offer comparable features?

Is there ongoing development of the technology after the market launch?

Read our Grips® 2017/2