Through our US legal partners, Peri & Stewart LLC, we will assist you with incorporation in the United States.
In the U.S., corporations are created under state law. So, you have 50 choices of where to incorporate, and there can be differences in the corporate laws from State to State. Other considerations when incorporating are basics such as an address for your business, telephone number(s), internet connections, bank account, etc. Peri & Stewart, LLC can advise and assist you in these matters.
Peri & Stewart, LLC offers transactional and litigation services for corporations and other entities, with special attention to foreign-owned businesses seeking to establish, maintain or expand their presence in the United States. Their clients include start-up companies, small to medium sized businesses, technology firms, and individuals.
For more information on Peri & Stewart, LLC, please download their article Corporate Formation in the United States.
Before you make the decision to take your company global, and especially when entering the US market, there are many important intellectual property aspects to consider. The rules, regulations and laws governing intellectual property in the US may differ from what you have experienced in Scandinavia or Europe.
Below is a non-exhaustive list of IP considerations to make before entering the US market.
We have several years of experience in each of the below listed items, and we would be happy to assist you in any of these matters.
Before you make any decision on entering the US, please get touch to discuss the items below.
In general you need to have in place a sound IP strategy that is clearly tied to your overall business strategy. Additionally you need internal processes for handling IP - from idea harvesting to a portfolio of commercialized patented product.
Do you want to build a sales organization in the US, or should you partner with a distributor? Do you have manufacturing capabilities that can be scaled up to serve the US market, or should you license your technology to an already established US company?
When filing patent applications in the US it is very important to identify the correct local agent to make sure your patent not only gets approved, but also that the application is thorougly drafted by local standards, and that an approved patent may survive potential litigation. You are also bound by law to disclose any prior art that is relevant to your invention. A document you may for some reason not have disclosed to European patent authorities, you must disclose to US patent authorities.
A thorough freedom to operate analysis should be conducted before entering the US market. The real value from such an effort will be realized when analyzing the patents found during the FTO search, and deciding on how to handle these patents before you start selling products or services in the US.
Be sure to perform a search and analysis of trademarks similar to your own, that are registered in the US. Be aware that the USPTO are strict when it comes to use of trademarks if you want them registered. Remember to label your products with the appropriate trademark designation. Do not label your products, packaging or US specific marketing materials with ® unless your trademark is registered with the USPTO.
As stated above, this is a non-exhaustive list of IP issues you may face when entering the US. We have served clients with IP management since 2002, and assisted several of them with US specific IP challenges. Please get in touch for an informal discussion on IP dos and don’ts when entering the US market.