What is a retroactive foreign filing license?

A retroactive foreign filing license is a license granted after an unlicensed foreign filing has already occurred. Key points include:

• It can be requested through a petition under 37 CFR 5.25.
• The unlicensed filing must have occurred through error.
• Specific requirements in 37 CFR 5.25 must be met, including providing detailed information about each unlicensed filing.
• A verified statement (oath or declaration) explaining the error is required.

The MPEP states: “A petition for a retroactive filing license may be filed under 37 CFR 5.25 if an unlicensed foreign filing has occurred through error. However, the requirements of 37 CFR 5.25 must be fulfilled in order for such a petition to be granted.”

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

For more information on USPTO, visit: USPTO.