This page consolidates MPEP guidance interpreting 35 U.S.C. § 368, including 9 rules 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.

Summary

This section addresses the requirement for a license to file an international application under the PCT in the United States, detailing when such a license is necessary and providing guidance on the process.

What this section covers

• Defines that a license for foreign filing is not required to file an international application in the United States Receiving Office but may be needed before forwarding it to other countries.

Key obligations

• States that a license for foreign filing is not required if the invention was not made in the United States or if a U.S. national application has been filed.
• Advises that a license for foreign filing is required in all other instances, including direct foreign filings outside the PCT or filings in a foreign receiving office.

Practice notes

• Reminds practitioners to check for any specific conditions or exceptions that may apply when filing an international application.
• Advises understanding the secrecy requirements and obtaining necessary licenses before proceeding with foreign filings.

Related Provisions

• 37 CFR § 5.12
• 35 U.S.C. § 181
• PCT Article 27
• 37 CFR § 5.1
• 37 CFR § 5.2

Based on MPEP Last Modified: 10/30/2024 08:50:22