Protecting Your Technology Across Jurisdictions: Why It Matters and How to Do It Cost-Effectively

By George Likourezos, Esq.

Partner, Intellectual Property Attorney at Carter, DeLuca & Farrell LLP

In today’s globalized and fast-moving innovation landscape, protecting your technology isn’t just smart—it’s essential. Whether you’re a startup preparing to launch in multiple markets or an established company expanding internationally, securing your intellectual property (IP) in the right jurisdictions is a key part of your growth strategy.

Why Multi-Jurisdictional IP Protection Matters

1. Global Markets Mean Global Risks
   If your technology has commercial potential beyond your home country, so does the risk of infringement. Without proper protection, competitors abroad may legally use, copy, or even register your IP in their country—limiting your ability to operate there or forcing costly litigation to reclaim your rights.
2. Increased Company Valuation
   Investors and acquirers often assess a company’s IP portfolio as a proxy for innovation and competitive advantage. Strong international IP rights can enhance valuation, attract investment, and provide leverage in partnerships or M&A.
3. Barriers to Entry for Competitors
   A robust IP strategy across jurisdictions can deter would-be competitors from entering key markets, giving you a stronger foothold and more time to grow.

Cost-Effective Strategies for Global IP Protection

Protecting your IP globally doesn’t have to break the bank. Here are several practical, budget-conscious strategies:

1. Prioritize Key Markets

Instead of filing everywhere, focus on countries where:

• You currently operate or plan to launch soon
• Manufacturing or distribution is taking place
• The risk of IP theft is high
• There is a large potential customer base

Start with core markets (e.g., U.S., EU, China, Japan) and expand as your business grows.

2. Use International Filing Systems

• For patents: The Patent Cooperation Treaty (PCT) allows you to file a single international application that preserves your rights in over 150 countries for up to 30 months—buying time before deciding where to proceed nationally.
• For trademarks: The Madrid Protocol enables you to file one application and designate multiple countries, reducing redundancy and administrative costs.

3. Leverage Provisional Applications and Early Filings

In the U.S., filing a provisional patent application gives you 12 months to assess the market and refine your invention before committing to a more expensive non-provisional filing. It also establishes an early priority date, which is critical in competitive sectors.

4. Use the Patent Prosecution Highway (PPH) to Speed Up Global Protection

The Patent Prosecution Highway (PPH) is a cooperative program among more than 25 national and regional patent offices that allows applicants to fast-track examination in participating countries based on a favorable examination result from another member office.

If, for example, your claims are allowed by the USPTO, you can request accelerated examination of the same claims in countries like Japan, Korea, Canada, and many others—often without paying additional fees for expedited review. This can significantly reduce the time and cost to obtain corresponding foreign patents and improve your IP position faster in critical markets.

Using the PPH can also improve the quality of examination, as many patent offices give deference to the earlier office’s search and findings, streamlining the review process.

5. Bundle IP Services Strategically

Working with a law firm experienced in international IP allows for more efficient filings, better coordination across countries, and potential cost savings by bundling services or using affiliate firms with favorable rates.

6. Monitor and Enforce Smartly

Monitor key jurisdictions for potential infringement, but enforce selectively—balancing legal costs with business impact. In many cases, a cease-and-desist letter or negotiated settlement may be more effective than litigation.

Conclusion

Protecting your technology in multiple jurisdictions is no longer optional—it’s a business imperative. With thoughtful planning and the right legal guidance, you can build a cost-effective international IP strategy that safeguards your innovations, attracts investment, and positions your company for global success.

At Carter, DeLuca & Farrell, we help innovators navigate the complexities of international IP protection every day. If you’re expanding globally or just beginning to think about it, we’d be glad to help you develop a strategy tailored to your goals and budget.

For a free consultation made available through Spotlight Family Office Group, please contact us at Info@SpotlightFamilyOffice.com.