For many individuals or businesses seeking to protect their technology, filing a patent application in the United States alone will suffice. However, if there is any prospect of use, manufacture, or sale of the inventive technology outside the United States (OUS), OUS filings should be considered. Even without such prospects, OUS filings can add value to an intellectual property portfolio by making the portfolio more attractive to potential acquirers and investors who may want the option to protect OUS markets. Adding OUS patent assets can also increase the portfolio’s valuation and act as security interests for loans to grow a business.
Choosing OUS jurisdictions for filing should be based on where the technology is likely to be made, used, or offered for sale by patent applicants or their competitors. In making a decision, the location of manufacturers in the supply chain and ports of entry where title transfers may take place should be considered. Agreements, such as those licensing the inventive technology, may also indicate where OUS filings are advisable or required.
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