In which countries should I register my patent?
At the end of the PCT patent phase, you need to make the tough decision regarding which countries in which to file your patent. This is the expensive leg of the patenting process.
As a general rule: choose countries of sale over countries of manufacture. However, this tip does little to narrow down the options. Next, we suggest having regard to:
- your return on investment based on GDP;
- your return on investment based on population;
- the most popular patenting countries; and
- the countries showing the greatest growth in patent filings.
Choosing countries based on GDP
GDP is a reflection of a country’s economic strength – the higher the number, the more value the country produces. The following table lists countries’ GDP accessed for each Dollar in anticipated patent spend (from filing to grant):
| Country | GDP / $ Patent Cost |
| India | $322,393 |
| China | $241,888 |
| South Africa | $213,377 |
| Nigeria | $135,086 |
| US | $57 327 |
| Brazil | $36,994 |
| Russia | $33,480 |
| OAPI (17 States) | $31,059 |
| Mexico | $26,152 |
| Japan | $20,514 |
| Canada | $7,863 |
| Australia | $4,384 |
| Chile | $2,600 |
| New Zealand | $1,131 |
| ARIPO (18 States) | $46 |
To get the most GDP for your patent spend, file national phase patents in India, China and South Africa.
Choosing countries based on population
The following table lists countries’ population accessed for each Dollar in patent spend:
| Country | Population / $ Patent Cost |
| US | 3,402 |
| China | 2,054 |
| South Africa | 1,299 |
| Japan | 786 |
| India | 622 |
| Brazil | 361 |
| Russia | 355 |
| Canada | 352 |
| Nigeria | 260 |
| Australia | 244 |
| Mexico | 230 |
| ARIPO (18 States) | 53 |
| New Zealand | 48 |
| Chile | 40 |
| OAPI | 33 |
To get the greatest access to numbers of people for your patent spend, file national phase patents in the US, China and South Africa.
Choosing countries based on popularity
The following table lists the number of PCT national phase patents filed in 2016:
| Country | PCT national phase patent applications |
| US | 146,867 |
| EPO | 94,625 |
| China | 81,055 |
| Japan | 59,893 |
| Republic of Korea | 37.093 |
| Canada | 27,021 |
| India | 25,896 |
| Brazil | 19,857 |
| Australia | 19,375 |
| Mexico | 12,884 |
| Russian Federation | 11,638 |
| Singapore | 7,040 |
| South Africa | 6,465 |
| Germany | 6,325 |
| Thailand | 5,973 |
| Israel | 5,430 |
| Malaysia | 5,178 |
| Vietnam | 4,072 |
| New Zealand | 3,826 |
| Philippines | 2,849 |
Growth in PCT national phase patent filings
In 2016, only three countries showed a growth in PCT national phase patent filings:
| Country | Growth in National Phase Patent Filings |
| US | 6.9% |
| South Africa | 5.7% |
| Vietnam | 3.5% |
Ease of grant
The Brazilian and Indian patent processes are extraordinarily cumbersome, lengthy and expensive. We generally do not favour extending PCT patents to these countries.
In contrast, South African and Nigeria offer the simplest patent process – currently, these countries do not conduct substantive examination. And, South African patents are typically granted within 12 months.
South Africa is also the cheapest country worldwide to file a patent. The total cost to file through us is $585. Alternatively, file a South African national phase patent application electronically for only $399.