Competitive Advantage: U.S. IP Protection
Success in a global economy depends more and more on intellectual property (IP) assets. IP-based businesses and entrepreneurs drive more economic growth in the United States than any other single sector. To support these businesses, the United States has established the world’s leading Intellectual Property Rights (IPR) regime with the folowing advantages:
The World's Most Recognized IPR Regime
The United States has the world’s largest single market for protected goods, with over 80,000 domestic patent grants and over 300,000 new trademark registrations annually. In the international arena, the U.S. is by far the largest source of international patent filings under the Patent Cooperation Treaty, with its inventors producing around one-third of the total global filings.
The U.S. also leads in access to technology derived from critical basic research performed at universities: according to WIPO statistics, all of the top 10 international universities ranked by number of global patent applications are located in the United States. These leading universities also provide the world’s best supply of highly skilled workers, who are trained to develop and use these new technologies.
Quick and Cost-Effective IP Protections
The United States provides a wide range of intellectual property rights suitable for every type of business. Further, the acquisition procedures and expenses for IP rights are affordable, highly transparent, and predictable.
Many countries offer minimum standards of protection for intellectual property as required by international treaties and agreements. However, the United States goes well beyond these minimums to offer generous protection for all types of intellectual property.
Most IP in the US is covered by a single national system. One registration gets nationwide protection for inventions (through patents), brands (through trademarks) and creative works (through copyrights). Trademarks to protect brands and identities can be acquired at the federal or state level. Patents are available nationally to protect new inventions, plant species, and industrial designs. Copyrights protect creative expression in recorded material and performances across the country. Trade secrets protect all types of sensitive business information at the state level.
Transparent and Predictable Legal System for Quickly Resolving Disputes
The United States offers more than just a framework for comprehensive IP rights. A company doing business in the United States can use the exceptional legal system to maximize its IP assets.
Companies can not compete effectively in countries with poor legal systems where self-help is the most viable method of preserving IP rights. The advanced legal system in the United States promotes a culture of respect for the law by providing transparency, predictability, and flexibility. While much has been written about the costs of the United States legal system, courts typically see only the most difficult cases. Thanks to high transparency and predictability, most disputes are settled long before significant legal expenses have been incurred.
Comprehensive Enforcement Capabilities
IP registration systems in countries without adequate enforcement are a facade. Legal rights mean nothing without the ability to enforce them. That’s why the United States provides the world's strongest enforcement system to back up their excellent and comprehensive registration options.
Businesses in the United States have more enforcement options than anywhere else in the world. These include civil lawsuits, criminal prosecutions, border measures, and administrative actions.
Rights holders can recover significant monetary damages through civil lawsuits to compensate for their losses. Infringing goods can be seized and destroyed by authorities, and customs agents can stop shipments at the border. Commercial piracy and counterfeiting can be investigated and prosecuted by law enforcement.
Since most intellectual property is protected under Federal law, these remedies can be applied across the entire nation.