A global company has obtained a patent for a newly marketed product. What would be the BEST advice to protect the patent in other countries?

Filing patents of interest in target countries is the most effective way to ensure that the patent protection is properly established in each jurisdiction where the company intends to market its product. This approach allows the global company to tailor its patent strategy based on the specific legal requirements and market conditions of each target country.

By filing patents directly in the countries of interest, the company ensures that it has enforceable rights to its product in those jurisdictions. Each country has its own patent laws and granting processes, so direct filings enable the company to navigate these differences effectively.

This strategy also allows for assessment of potential markets, enabling the company to prioritize regions with the most significant commercial potential and to make informed decisions about where resources should be allocated for patent enforcement. Additionally, direct filings make it possible to adapt the patent claims and specifications to fit local patentability criteria, enhancing the chances of obtaining robust protection.

In contrast, methods such as the Madrid system and community patent system primarily focus on brand trademarks and regional harmonization rather than patent rights, which can limit effectiveness for specific inventions. Filing design patents is also less relevant, as these only protect the ornamental design rather than the functional aspects of an invention, which is typically covered by utility patents.