Should we protect our technology & design in the US or in Europe?

質問

We are developing easy-to-use health monitoring devices that combine a first-ever range of different sensors with lightweight appealing design. We would like to protect both the technology that we have used in our prototype and the design, but we are not sure if we should pursue protection first in the US or EU. Financially speaking, both at the same time would be difficult. We are located in the EU, but our potential customers are both in the US and Europe. What would be our best strategy?

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回答: 3 public & 1 非公開

A81310fe66
弁理士

In the beginning, you will need a lot of guidance. Thus, find an experienced patent attorney who is accessible and in whom you trust. He/she will help to "capture" you invention and design in the best way, and prepare and file first filings. Thanks to the Paris Convention and international treaties, like the PCT for patent applications, subsequent filings can be filed within 6 months (for desgins) or 12 months (for inventions / patents) from the first filings.
In view of costs, it may be advisable to file national applications first and decide on subsequnet filings later on. Thus, in your situation you may start at the UKIPO or, for the design, at the EU IPO (formerly OHIM). The first filings serving as basis for the subsequent filings, should take US and EP practice into account.
'Hope this helps.
Feel free to get in touch!

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