General Guidelines for Selecting Jurisdictions for National Phase Filings

Following please find general guidelines for filing National Phase Applications. These guidelines are to be considered and implemented in view of their contents, the specific technology for which patent protection is sought and/or budgetary constraints. Kindly contact your patent attorney for further advise if needed. For specific technologies or for other reasons, additional jurisdictions may be considered. One additional consideration may include analysis and adoption in part or in full of the National Phase filing strategy of competitors, potential collaborators and/or M&A candidates.

Following are the general guidelines:

1. USA

As being a major and growing market (ca. 1/3 of the world market in high-tech and biomed), and having manufacturing facilities;

1a. Mexico and/or Canada

As being satellites to the US market and sharing a border there with;

2. Europe (EPO member and extension/validation)

 As being a major and growing market (equivalent to the US market) and having manufacturing facilities;

2a. Eastern Europe (e.g., Eurasia and Ukraine)

As being satellites to the Western European market and sharing a border

there with; and being a member of the BRIC emerging markets; Of course, in view of the circumstances Russia which is the dominant jurisdiction in Eurasia maybe ruled out for its independent legal system.

3. Japan, Korea, China and India

Japan and Korea as being major markets and having manufacturing facilities; China and India as being emerging markets, already major and growing markets and having manufacturing facilities and as being members of the BRIC emerging markets. In addition, Japan, Korea and China, in conjunction with Europe and the USA, are used in combination to rank countries and companies as IP leaders.

3a. Hong Kong

As having a major harbor and being a part of China and/or sharing a border here with;

4. Brazil

As being an emerging market, already a major and growing market and having manufacturing facilities; and as being a member of the BRIC emerging markets;

5. Israel

As being the domicile and a major hub for innovation and startup activity, further as being a manufacturing and/R&D facility for major corporations and as being cost effective as the filing is in English;

6. Singapore

As having a major harbor through which 50 % of the world electronic goods pass; and as being cost effective as the filing is in English;

7. Australia

As being a consumer’s market in certain fields and as being cost effective as the filing is in English

8. New Zealand and/or South Africa

As being cost effective as the filing is in English.

All opinions and/or conclusions and/or recommendations expressed herein are preliminary and are not to be viewed or relied upon as conclusive.