What is a foreign filing license and when is it required?

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.

A foreign filing license is permission granted by the USPTO to file a patent application in a foreign country. It is required when:

• An invention was made in the United States, and
• A US application has been filed less than 6 months ago, or
• No US application has been filed yet

As stated in 37 CFR 5.11(a): “A license from the Commissioner for Patents under 35 U.S.C. 184 is required before filing any application for patent… in a foreign country… if the invention was made in the United States.”

For more information on foreign filing license, visit: foreign filing license.

For more information on USPTO, visit: USPTO.