Global Patenting in a New Tariff World

David Guerra • April 17, 2025

In recent days, patent holders have been asking me about how tariffs affect patents and global patent strategy.


This is what I know. 


In an age marked by trade volatility and geopolitical unpredictability, global patenting is no longer optional. It is essential. Companies that prioritize international IP protection are not only defending their innovations; they are creating a foundation for global growth, resilience, and strategic advantage.


The new U.S. tariffs may have raised barriers to traditional trade, but for the IP-savvy company, they also highlight a path forward: innovate, protect globally, and adapt boldly.


We have been discussing building a resilient IP strategy with our clients.


In response to rising tariffs, companies must move beyond reactive IP management. A proactive, global patenting strategy should include:

  • Early international patent filings under treaties like the Patent Cooperation Treaty (PCT) to streamline multi-country applications, and potentially reduce future costs by taking advantage of the international examination process that could result in a positive international Written Opinion and/or International Preliminary Report on Patentability (IPRP).
  • Jurisdictional analysis to identify key markets, manufacturing hubs, and patent enforcement-friendly countries. This analysis may result in a more robust logistical route for your innovations, streamlining functions and realizing cost savings.
  • Integration with business strategy, ensuring IP filings align with long-term growth and diversification goals. Also, a careful review of those patent applications no longer active may produce significant savings as maintenance fees/annuities payments can be allowed to lapse.
  • Monitoring for potential infringement in newly entered markets.


In this context, a proactive global patenting approach is essential for companies to safeguard their intellectual property and maintain competitive advantage amid evolving international trade policies.


Additional opportunities to adapt and consider.


Market Flexibility and Licensing Opportunities
Global patenting enables greater flexibility in supply chain design. Your company can strategically license your technology to partners in untapped markets or regions less affected by tariffs, unlocking new revenue streams and mitigating disruption. A strong patent portfolio gives companies leverage in negotiations, joint ventures, and manufacturing agreements across borders.


Protection Against Cross-Border IP Infringement
Filing patents in multiple jurisdictions, including in established or upcoming manufacturing locations, ensures that companies can take legal action against infringers wherever they operate. This is particularly crucial with counterfeiting goods which can be effectively controlled with strong enforcement.


Increased Valuation and Investor Confidence
Investors are increasingly wary of geopolitical instability and uncertainty. A well-structured international patent portfolio signals preparedness, long-term strategy, and risk management. Qualities that boost investor confidence. For startups and high tech firms, global patents often translate directly into higher valuations and more robust fundraising prospects.


Policy Shifts Can Rapidly Alter IP Value
Trade policies are subject to rapid and unpredictable change with shifting political landscapes. A company that holds patents only in the U.S. may find its IP power diminished in countries where new tariffs alter competitive dynamics. Global patenting helps future-proof innovation by maintaining control across multiple regions regardless of sudden political or economic shifts.


I will finish my thoughts as I started. IP protection is more important now than ever. It gives you something tangible to market, builds value for the near and far term, and safeguards the ownership of your innovation.