1. © 2014 Foley Hoag LLP. All Rights Reserved. International Patent Protection for Emerging Companies WIPO Program on International IP Protection Suffolk University Law School November 11, 2014 Rajesh Vallabh 617-832-1268 rvallabh@foleyhoag.com

2. International Patent Protection for Emerging Companies | 2 © 2014 Foley Hoag LLP. All Rights Reserved. Why Emerging Companies File Patent Applications  Can be a major asset of a technology based venture  Attracts investment  Creates barrier to entry for competitors  Can be a source of revenue through licensing

3. International Patent Protection for Emerging Companies | 3 © 2014 Foley Hoag LLP. All Rights Reserved. Don’t Why Emerging Companies Don’t File Foreign Patent Applications  Substantial Costs –Translation costs, annuities, foreign lawyer fees  Other priorities: finalizing product design, marketing, obtaining US patents  Uncertainty on commercial feasibility of invention  Uncertainty on where markets will develop  Uncertainty of enforceability in certain countries

4. International Patent Protection for Emerging Companies | 4 © 2014 Foley Hoag LLP. All Rights Reserved. Advantages of PCT System  Delays national or regional filing fees and translation costs  Provides time to determine commercial demand for invention  Provides time to assess the results of any corresponding US application  Provides patentability search and publication

5. International Patent Protection for Emerging Companies | 5 © 2014 Foley Hoag LLP. All Rights Reserved. International Filing Considerations  Markets where products are made or sold  Locations of competitors and potential business partners  Likely scope of claims  Enforceability of patent rights  Ability to detect infringement

6. International Patent Protection for Emerging Companies | 6 © 2014 Foley Hoag LLP. All Rights Reserved.