What happens if I file a foreign patent application without a foreign filing license?

Filing a foreign patent application without the required foreign filing license can have serious consequences. According to MPEP 140:

‘Inadvertent foreign filing without a license is not uncommon. The patent law provides for petition for retroactive license in such cases.’

However, it’s important to note that:

• The application may be considered abandoned in the U.S.
• You may lose the right to obtain a U.S. patent on that invention.
• There could be criminal penalties under 35 U.S.C. 181 and 35 U.S.C. 186.

If you’ve inadvertently filed without a license, you should immediately seek a retroactive foreign filing license from the USPTO.

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