Can a foreign filing license be revoked?

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.

Yes, a foreign filing license can be revoked by the USPTO. Key points about revocation include:

• The USPTO can revoke a license through written notification.
• Revocation usually occurs if additional review reveals national security concerns.
• Revocation is effective on the date the notice is mailed.
• Foreign filings made before revocation are generally not affected.
• New foreign filings after revocation are not permitted without a new license.

The MPEP states: “Upon written notification from the USPTO, any foreign filing license required by 37 CFR 5.11(a) may be revoked. Ordinarily, revocation indicates that additional review of the licensed subject matter revealed the need for referral of the application to the appropriate defense agencies.”

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

For more information on USPTO, visit: USPTO.