What is the process for obtaining a foreign filing license?
The process for obtaining a foreign filing license involves filing a petition under 37 CFR 5.12(b). According to the MPEP:
“Petitions under 37 CFR 5.12(b) for foreign license to file patent applications in foreign countries, MPEP § 140.“
Key points about foreign filing licenses:
- The Director of the Technology Center who oversees Licensing and Review decides these petitions
- A license is required before filing any patent application in a foreign country if the invention was made in the United States
- In many cases, the license is granted automatically with the filing of a U.S. application
- Special petitions are needed for expedited foreign filing licenses or when no U.S. application has been filed
It’s crucial to obtain proper authorization before filing foreign patent applications to avoid potential legal issues. Consult MPEP § 140 for detailed guidance on foreign filing licenses.
To learn more: