Considerations on patenting

There are a number of basic considerations you and your business will need to make with your consultants in order to clarify which application process is best for you. These considerations are described in the menu on the left.

General speaking, it can be said that many businesses can start with a national application, because:

  • It is cheap in the start-up phase because, among other things, there are no translation costs.
  • You can establish an easy dialogue with the national authority and receive guidance.
  • You get an early assessment of patentability.

Generally speaking it can be said that, as a starting point, many companies should make a number of considerations concerning, e.g.:

  • The number of countries in which the patent should be in force
    • The choice of countries can be affected by where the company's and its competitors' markets and production are situated, and by the location of future markets.
  • The desire for fast or slow processing of your patent
    • If you want the shortest time possible, you may want to consider using the Patent Prosecution Highway (PPH), if your country has entered into such agreements
  • Finance
  • If you are filing a patent application in USA, you should be aware that they operate on a "first to invent" and not "first to file" basis, as Denmark does.

It is also important to discuss other forms of protection such as trademarks, domain names, design registrations, etc. with your consultant. Another consideration is to request a preliminary novelty search, so you can more quickly get an idea of whether there is a basis for a patent.