How does the USPTO handle foreign filing license requests in PCT applications?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The USPTO has implemented a process to handle foreign filing license requests for PCT applications efficiently. According to MPEP 1832:

“If no petition or request for a foreign filing license is included in the international application, and it is clear that a license is required because of the designation of foreign countries and the time at which the Record Copy must be transmitted, it is current Office practice to construe the filing of such an international application to include a request for a foreign filing license.”

This means that:

• If the license can be granted, it will be issued without further correspondence.
• If no license can be issued, or if further information is required, the applicant will be contacted.

It’s important to note that this automatic request for a foreign filing license does not apply to the filing of a foreign application outside the PCT system.