Osha Liang Hosts “Strategy for International Patent Procurement” Seminar in Hangzhou

On August 31, 2018, Osha Liang’s Hangzhou Office co-hosted a seminar on “Strategy for International Patent Procurement” at the Overseas Talents Innovation Base of Binjiang District (the “Base”) in Hangzhou, China.  The seminar was aimed at helping start-up companies strategically plan overseas market development by enhancing their commercial competitiveness and expanding their international vision.  Ms. Han-Mei Tso, the chief partner in Osha Liang’s Hangzhou Office, delivered a keynote speech and had deep discussions with attendees from more than a dozen start-up companies.

The full name of the Base is “National-Level Overseas High-Level Talents Innovation and Entrepreneurship Base of Hangzhou High-tech Zone (Binjiang)”, which is an international high-tech enterprise incubation platform initiated by the local Chinese government.  The Base has attracted many overseas talents from various cutting-edge technical fields, such as IC design, network communication, e-commerce, autonomous driving, and biomedicine.  Most of the start-up companies own advanced technologies with valuable intellectual property and plan to expand into the overseas markets.  Because most start-up companies have a relatively short history with most of their resources invested in R&D, many lack the manpower and knowledge to plan and create patent portfolios for their key technologies in advance.  Realizing that most start-up companies need this help in this area, the Base, the Home for Talents of the Base and Osha Liang joined forces to host the seminar and share strategies for international patent procurement.

During the presentation, Ms. Tso explained the two approaches (i.e., PCT and Paris Convention) for obtaining patents in foreign countries and analyzed applicable scenarios in detail based on her experience in international patent procurement and litigation practice.  Ms. Tso also illustrated and compared two strategies for obtaining patents in the U.S. through PCT (i.e., national phase application and bypass application).  Regarding the possible capital shortage that start-up companies might encounter, Ms. Tso shared her experience on how to maximize the use of various preferential and subsidy policies, including the USPTO’s preferential policies for small and micro entities in patent applications and Chinese local government’s subsidy policies.  Moreover, in response to concerns about how to speed up U.S. patent prosecution, Ms. Tso uncovered commonly used strategies used to accelerate U.S. patent examination, including PPH, Track One, etc., and discussed the advantages as well as pitfalls of these different strategies.

The seminar presentation and subsequent discussions touched on practical questions frequently encountered by start-up companies with respect to international patent procurement and were well-received by the attendees. Pictures from the event can be found below.