Are there any exceptions to the foreign filing license requirement?
Yes, there are certain exceptions to the foreign filing license requirement. According to MPEP 140:
‘A license is not required if the invention was not made in the United States. Also, a license is not required to file an international application in the United States Receiving Office.’
Additionally, the following situations do not require a foreign filing license:
- Filing applications in countries where no security agreement exists with the United States
- Filing a PCT application designating only foreign countries
- Filing a design patent application in a foreign country
However, it’s important to note that these exceptions are subject to specific conditions and may change. Always consult with a patent attorney or the USPTO if you’re unsure about your specific situation.
For more information on USPTO, visit: USPTO.
Topics:
MPEP 140-Foreign Filing Licenses,
Patent Law,
Patent Procedure