The output from the large AI model:
Taking advantage of the differences in patent application and disclosure systems in different countries to extend the time to market of products on a global scale requires systematic planning in combination with patent strategy, market layout and legal compliance. Here are some key strategies and steps:
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### **1. Priority and Phased application strategy**
-**Priority of the Paris Convention**: Using the 12-month priority period, first submit the first application in the country that requires early disclosure (such as China and Europe), and then submit the application to the United States (not disclosed before authorization) or other countries that have delayed disclosure within the priority period to control the technology.Disclosure time.
-**PCT international applications**: Through the "Patent Cooperation Treaty" (PCT), the time to enter the national phase (up to 30 months) is postponed, the technical evaluation period is extended, and the pace of examination in various countries is adjusted at the same time.
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### **2. Choose a country with a large difference in disclosure time**
-**Non-public countries**: For example, the United States (not public before authorization), you can give priority to submitting a provisional application or a formal application to ensure that the technical content is kept confidential before authorization.
-**Early disclosure countries**: Such as China, Europe, and Japan (which are automatically disclosed 18 months after the application), the disclosure can be delayed through the priority strategy, or part of the application can be withdrawn before the disclosure to avoid premature technology exposure.
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### **3. Use of delayed review system**
-**Request for postponement of examination**: In countries that allow for postponement of examination (such as Japan, South Korea, and Europe), actively request for postponement of examination (up to 7 years delay) to delay the patent authorization time, thereby delaying the time for the technology to enter the public domain.
-**Phased authorization**: For example, submit a Continuation application and a Division application in the United States, and gradually expand the scope of claims to cover the iterative version of the product.
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### **4. Patent term compensation and adjustment**
-**Patent term adjustment (PTA)**: In the United States, the Patent Office's examination delay is used to apply for adjustment of the validity period of a patent; for specific fields such as pharmaceuticals, the patent term for application is extended (PTE, up to 5 years).
-**Revision of Chinese Patent Law**: New drug-related patents can be applied for for a maximum compensation period of 5 years, which must be planned in conjunction with the time for listing and approval.
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### **5. Peripheral patent layout and technology segmentation**
-**Spin-off technology plan**: Split the core technology into multiple patent applications (such as methods, systems, and components) and submit them in batches in different countries to extend the overall protection cycle.
-**Layout of peripheral patents**: Apply for improved patents, design patents or utility models in key markets (such as China and Germany) to form a patent network to prevent competitors from bypassing core patents.
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### **6. Coordinate global market access and patent layout**
-**Low-risk market priority**: Apply first in countries with weak imitation capabilities (such as some developing countries), and delay patent applications in countries with strong imitation capabilities or strict examination (such as India and Europe).
-**Patent cliff management**: Through the differences in patent expiration times in different countries, the market will be withdrawn in stages or the second-generation products will be launched.
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### **7. Compliance and legal risk aversion**
-**Avoid abuse of procedures**: Some countries (such as Europe) may consider deliberate delays in review or repeated applications to be an abuse of procedures, and it is necessary to ensure strategic compliance.
-**Monitoring disclosure obligations**: Some countries require the disclosure of global patent application information of the same family (such as the U.S. IDS system) to avoid concealment and invalidate patents.
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###**Example operation flow**
1. **Stage 1**: Submit a temporary application (not public) in the United States and start the R&D confidentiality period.
2. **Stage 2**: Enter China and Europe through the PCT or the Paris Convention within 12 months (open after 18 months), and submit a formal application in the United States at the same time.
3. **Stage 3**: Use the PCT 30-month period to postpone entry into India, Brazil and other countries with active generics, evaluate the market and then decide whether to enter.
4. **Stage 4**: Request a delay in review (up to 7 years) in Japan and South Korea, and gradually authorize it in line with the product launch plan.
5. **Stage 5**: The improved version of the product is covered by the continuation of the application in the United States, and a separate application is submitted in Europe to expand the scope of protection.
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###**Precautions**
-**Cost trade-off**: Delay strategies may increase patent application and maintenance costs, and the input-output ratio needs to be evaluated.
-**Legal advice**: Professional lawyers must formulate plans in accordance with the latest regulations of the target country to avoid the failure of the strategy due to system changes.
Through the above strategies, companies can maximize the patent protection cycle within the legal framework, coordinate the pace of global product launches, and delay generic competition. However, it should be noted that excessive dependence on institutional differences may lead to loss of market opportunities, which need to be combined with technological iteration and dynamic adjustment of business goals.