Taking advantage of differences in patent application and disclosure systems in different countries to extend time to market for global products is a common technique used in patent strategies. Here are the key steps: 1. **Understand patent law and procedure**: Familiarize yourself with patent law and procedure in different countries, highlighting differences related to patent application and disclosure systems. This includes priority periods, confidentiality periods, and publication requirements. 2. **File priority application**: File a priority application (e.g., a U.S. provisional application or an international provisional application) in one country to create a record of the earlier application. This provides a starting point for subsequent national phase applications. 3. **Exploit priority period**: Take advantage of the 12-month priority period (under the Philadelphia Treaty) to file patent applications in other countries, claiming priority from the earlier application. This can cause delays in markets such as Europe, Asia, and Africa. 4. **Implement confidentiality periods**: Some countries (such as Japan, South Korea, and China) have confidentiality periods where patent applications are not made public for six months or a year. This can protect technology from being disclosed while applicants file patent applications in these countries. 5. **Exploit regional protection**: Some regions, such as the European Union (EPO) or the European Patent Convention (EPC), allow a single patent application to be filed in multiple countries. This regional protection can reduce the number of patent applications that are publicly disclosed. 6. **Phase-based publication**: Public disclosure can be delayed in a controlled manner by publishing patent applications in phases or using provisional applications to isolate critical information. This involves filing a patent application that does not contain the most critical information first, and then filing a subsequent application that contains this information at a later time. 7. **Exploiting a Certificate of Supplementary Protection**: In some countries (such as those that are members of the European Patent Convention), a Certificate of Supplementary Protection (SPC) can be used to extend patent protection, typically by up to five years. 8. **Regional publication**: Patent applications can be published strategically, taking advantage of differences in patent law and procedures, depending on national or regional publication requirements and timelines. 9. **International filing**: International patent applications are filed using the international Patent Cooperation Treaty (PCT) and the international phase is used to delay public disclosure prior to the national phase. 10. **Managing national phase applications**: National phase applications are prioritized based on their deadlines and publication requirements to minimize delays in public disclosure for global markets. To illustrate this strategy, consider the following example: Let’s say a U.S. company wants to sell a new product worldwide. They first file a provisional application in the U.S. to obtain priority. They then use the priority period to file patent applications in other countries, such as Europe, China, and Japan. To delay public disclosure, they file a patent application in Japan, which has a confidentiality period. During this period, they file a patent application in Europe, using the European Patent Convention (EPC) to obtain regional protection. They then file an international patent application using the International Patent Cooperation Treaty (PCT) to delay public disclosure before the national phase. When the national phase application reaches the deadline, the company first publishes patent applications in Japan (where the confidentiality period ends) and Europe (regional protection). They then publish a Chinese patent application, where patent law provides some confidentiality. Finally, they publish an international patent application, using the PCT to delay public disclosure. With this strategy, the company can delay public disclosure of its products worldwide for up to 2-5 years (or more), depending on the differences in patent laws in various countries and regions. This strategy will allow the company to protect the confidentiality of its technology for as long as possible while still applying for patent protection for the global market.