Can a foreign filing license be denied by the USPTO?

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 denied by the USPTO. According to MPEP 140:

‘If the Director of the USPTO or his or her designee determines that the application contains subject matter that requires a security review under the Invention Secrecy Act (35 U.S.C. 181-188), the petition for license is denied and the applicant is notified in writing.’

Reasons for denial may include:

• National security concerns
• Subject matter falling under the Invention Secrecy Act
• Incomplete or incorrect application for the license

If a license is denied, the applicant will be notified in writing and may have the opportunity to address the issues or appeal the decision.

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