How can I petition for a retroactive foreign filing license?

If you need a retroactive foreign filing license for a patent application filed abroad without first obtaining a foreign filing license, you can petition the USPTO. According to MPEP 1002.02(b):

Petitions for retroactive foreign filing license under 37 CFR 5.25, MPEP § 140, subsection II.

To petition for a retroactive foreign filing license:

  • File the petition with the USPTO, directed to “Mail Stop L&R”
  • Provide a detailed explanation of why the foreign filing was made without a license
  • Include any supporting documentation
  • Pay the required petition fee

For more detailed information on the requirements and process, refer to MPEP § 140, subsection II.

To learn more:

Tags: foreign filing license, international patents, Patent Procedures, retroactive license