What does a foreign filing license authorize in the context of PCT applications?
A foreign filing license in the context of PCT applications authorizes more than just the filing of an international application. According to MPEP 1832:
“A foreign filing license also authorizes the export of technical data abroad for purposes related to the preparation, filing or possible filing, and prosecution of a foreign application.”
Furthermore, effective September 30, 2020, the scope of a foreign filing license was expanded to include:
- The export of technical data abroad for purposes relating to the use of a World Intellectual Property Organization online service (ePCT) for preparing an international application for filing with the United States Receiving Office.
- This expansion exempts applicants from separately complying with certain regulations related to the export of technical data, such as the International Traffic in Arms Regulations and Export Administration Regulations.
However, applicants are cautioned against exporting technical data into ePCT without a foreign filing license or without separately complying with the relevant export regulations.
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