When and where should I file for IP protection?

Dai Yoshida / November, 2018


Dai Yoshida is the Founder and Attorney of BlackBelt Legal. After corporate gigs at GE, Blackrock, Sony and a big law firm, Dai Yoshida started his own legal practice. In this video, Dai explains when and where you should file for intellectual property protection.

Video transcript:

When and where should I file for IP protection?

It depends on where your company is formed a lot of times. However, it is important to know that the United States has the biggest basis of the IP assets. It is also the biggest market not only for consumers but also for the IP as well. If you have a big dream set in the United States then you might as well file for IP in the US and get protection so that you can show it to the US clients, consumers and potential investors.

Timing it’s really as soon as possible. Because the United States generally speaking adopt the first to file system. In terms of which state, doesn’t really matter. Because the federal law governs the IP. That naturally should follow where your basis is. If your business is in California then you can file in California.

California does have the richest litigation past so that you can find relevant past cases as well as statues, most likely. The 9th circuit has the richest caseload in terms of the tech-related cases.

For the IP infringement, the biggest issue is the actual enforcement. What if this cheap handler in Bangladesh uses your IP without your consent. It is very hard to bring any lawsuit to stop that and to collect any damages. However in the United States because the legal field has been widely accepted and established the actual enforcement as well as the damage collection can be effectively done.



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