37 CFR § 5.25 — Petition for retroactive license. (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 5.25, including 58 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

A petition for retroactive license allows patent applicants to obtain USPTO permission for foreign filing after the initial disclosure, requiring specific procedural and documentary compliance.

What this section covers

Process for requesting retroactive permission to file patent applications in foreign jurisdictions through USPTO procedures.
Detailed requirements for submitting a retroactive foreign filing license petition.

Key obligations

Direct petitions to the specific USPTO mail stop for Commissioner of Patents in Alexandria, Virginia.
Provide a comprehensive listing of all foreign countries where patent materials were originally filed.
Include precise filing dates for materials in each foreign jurisdiction.

Practice notes

Ensure all documentation is complete and accurately reflects the original foreign filing details.
Follow the specific submission guidelines under § 5.13 or § 5.14(a) when preparing the retroactive license petition.

Petitions for Retroactive Foreign Filing LicenseMPEP 1002.02(b)
Petition for Retroactive License Must Include Specific InformationMPEP 140Required
List of Foreign Countries Where Application Was FiledMPEP 140
Petition for Retroactive License Must Include Filing DatesMPEP 140
Petition Must Not Be Under Secrecy OrderMPEP 140
Explanation Must Include Facts, Not Just Error AllegationsMPEP 140Required
Documentation Required for Foreign FilingsMPEP 140Recommended
Filing Acts Must Cover Entire Period of Proscribed FilingsMPEP 140Recommended
Petition Renewal After Denial Required Within 30 DaysMPEP 140Required
Renewal Required for Denied PetitionsMPEP 140
Petition Must Be Filed Within Two Months of DenialMPEP 140
Final Rejection of Pending Application After Denied Retroactive License PetitionMPEP 140
Export Control of Technical Data for National SecurityMPEP 140
Export Control Administration Varies by Subject MatterMPEP 140
Export Control for Foreign Patent ApplicationsMPEP 140
Applicants Must Seek Bureau of Industry and Security Clearances for Foreign FilingMPEP 140
Requirements for Exporting Technical Data for ePCT PreparationMPEP 140
Two Ways to Obtain Permission for Foreign FilingsMPEP 140Required
6-Month Wait Period for Foreign FilingMPEP 140
Means of Issuing Foreign Filing LicensesMPEP 140Permitted
Implicit Petition for Foreign Filing License on USPTO ApplicationMPEP 140
License Not Guaranteed for U.S. Origin ApplicationsMPEP 140
Petition Granted If Application Not ScreenedMPEP 140
License Indicated by ReceiptMPEP 140
License Takes Effect on Stated DateMPEP 140
License Grant Recorded in Application FileMPEP 140
Broad License for Foreign FilingMPEP 140
Petitions and Licenses Recorded in Application FileMPEP 140
Petitions Under 37 CFR 5.14(c) Not Made of RecordMPEP 140
License Granted Within 3 Business Days If No National Security ConcernMPEP 140
Direct License Request Required for FFL PetitionMPEP 140
Contact Number Needed for License DeliveryMPEP 140Recommended
Contact Info Required for Timely License DeliveryMPEP 140
Petition for Retroactive Filing License if Foreign Filing ErrorMPEP 140Required
Petition for Retroactive License Requires No Deceptive Intent Declaration Before September 16, 2012MPEP 140Required
Retroactive License for Specific Foreign FilingsMPEP 140Required
Revocation of Foreign Filing License Upon NotificationMPEP 140Required
Revocation Indicates Need for Defense Agency ReferralMPEP 140
Revocation Does Not Preclude Narrower LicenseMPEP 140
Revocation Takes Effect on Mailing DateMPEP 140
Foreign Filings Before Revocation Not AbandonedMPEP 140Permitted
Documents Needed for Foreign Prosecution Must Comply with Export RegulationsMPEP 140Permitted
Secrecy Order Restrictions Must Be ObservedMPEP 140Required
Secrecy Order Revokes Foreign Filing AuthorityMPEP 140
Refer Application with Prior Foreign FilingMPEP 140Required
Application May Be Returned for Prosecution After Foreign Filing ReviewMPEP 140Permitted
Licensing and Review Must Request Application Transfer Under 35 U.S.C. 185MPEP 140Recommended

Petition for Retroactive License Must Include Specific InformationMPEP 140Required
Explanation Must Include Facts, Not Just Error AllegationsMPEP 140Required
Petition Renewal After Denial Required Within 30 DaysMPEP 140Required
Two Ways to Obtain Permission for Foreign FilingsMPEP 140Required
Petition for Retroactive Filing License if Foreign Filing ErrorMPEP 140Required
Petition for Retroactive License Requires No Deceptive Intent Declaration Before September 16, 2012MPEP 140Required
Retroactive License for Specific Foreign FilingsMPEP 140Required
Revocation of Foreign Filing License Upon NotificationMPEP 140Required
Secrecy Order Restrictions Must Be ObservedMPEP 140Required
Expedited License for Future Filings Must Be Filed SeparatelyMPEP 140Required
Refer Application with Prior Foreign FilingMPEP 140Required

Petitions Must Be Directed to Specific Mail StopMPEP 1002.02(b)Recommended
Petitions Should Be Directed to Specific Mail StopsMPEP 1002.02(b)Recommended
License Does Not Apply to Pre-Grant ActsMPEP 140
Implicit Petition for Foreign Filing License on U.S. InventionMPEP 140Permitted
Petition for Foreign Filing License When Expedited Handling Is RequestedMPEP 140
Narrow License Can Be Converted to Broad ScopeMPEP 140Permitted
Fee Required for Converting License ScopeMPEP 140
Petition to Convert License Scope Effective DateMPEP 140
Penalties for Missing Foreign Filing LicensesMPEP 140
Petition for Retroactive Foreign Filing LicenseMPEP 140

MPEP Section	Rules
MPEP § 1002.02(b)	Petitions Must Be Directed to Specific Mail StopMPEP 1002.02(b)Recommended Petitions Should Be Directed to Specific Mail StopsMPEP 1002.02(b)Recommended Petitions for Retroactive Foreign Filing LicenseMPEP 1002.02(b)
MPEP § 140	License Does Not Apply to Pre-Grant ActsMPEP 140 Petition for Retroactive License Must Include Specific InformationMPEP 140Required List of Foreign Countries Where Application Was FiledMPEP 140 Petition for Retroactive License Must Include Filing DatesMPEP 140 Petition Must Not Be Under Secrecy OrderMPEP 140 Explanation Must Include Facts, Not Just Error AllegationsMPEP 140Required Documentation Required for Foreign FilingsMPEP 140Recommended Filing Acts Must Cover Entire Period of Proscribed FilingsMPEP 140Recommended Petition Renewal After Denial Required Within 30 DaysMPEP 140Required Renewal Required for Denied PetitionsMPEP 140 Petition Must Be Filed Within Two Months of DenialMPEP 140 Final Rejection of Pending Application After Denied Retroactive License PetitionMPEP 140 Export Control of Technical Data for National SecurityMPEP 140 Export Control Administration Varies by Subject MatterMPEP 140 Export Control for Foreign Patent ApplicationsMPEP 140 Applicants Must Seek Bureau of Industry and Security Clearances for Foreign FilingMPEP 140 Requirements for Exporting Technical Data for ePCT PreparationMPEP 140 Two Ways to Obtain Permission for Foreign FilingsMPEP 140Required 6-Month Wait Period for Foreign FilingMPEP 140 Means of Issuing Foreign Filing LicensesMPEP 140Permitted Implicit Petition for Foreign Filing License on USPTO ApplicationMPEP 140 License Not Guaranteed for U.S. Origin ApplicationsMPEP 140 Petition Granted If Application Not ScreenedMPEP 140 License Indicated by ReceiptMPEP 140 License Takes Effect on Stated DateMPEP 140 License Grant Recorded in Application FileMPEP 140 Broad License for Foreign FilingMPEP 140 Implicit Petition for Foreign Filing License on U.S. InventionMPEP 140Permitted Petition for Foreign Filing License When Expedited Handling Is RequestedMPEP 140 Petitions and Licenses Recorded in Application FileMPEP 140 Petitions Under 37 CFR 5.14(c) Not Made of RecordMPEP 140 Narrow License Can Be Converted to Broad ScopeMPEP 140Permitted Fee Required for Converting License ScopeMPEP 140 Petition to Convert License Scope Effective DateMPEP 140 License Granted Within 3 Business Days If No National Security ConcernMPEP 140 Direct License Request Required for FFL PetitionMPEP 140 Contact Number Needed for License DeliveryMPEP 140Recommended Contact Info Required for Timely License DeliveryMPEP 140 Petition for Retroactive Filing License if Foreign Filing ErrorMPEP 140Required Petition for Retroactive License Requires No Deceptive Intent Declaration Before September 16, 2012MPEP 140Required Retroactive License for Specific Foreign FilingsMPEP 140Required Revocation of Foreign Filing License Upon NotificationMPEP 140Required Revocation Indicates Need for Defense Agency ReferralMPEP 140 Revocation Does Not Preclude Narrower LicenseMPEP 140 Revocation Takes Effect on Mailing DateMPEP 140 Foreign Filings Before Revocation Not AbandonedMPEP 140Permitted Documents Needed for Foreign Prosecution Must Comply with Export RegulationsMPEP 140Permitted Secrecy Order Restrictions Must Be ObservedMPEP 140Required Secrecy Order Revokes Foreign Filing AuthorityMPEP 140 Penalties for Missing Foreign Filing LicensesMPEP 140 Petition for Retroactive Foreign Filing LicenseMPEP 140 Expedited License for Future Filings Must Be Filed SeparatelyMPEP 140Required Refer Application with Prior Foreign FilingMPEP 140Required Application May Be Returned for Prosecution After Foreign Filing ReviewMPEP 140Permitted Licensing and Review Must Request Application Transfer Under 35 U.S.C. 185MPEP 140Recommended

MPEP Section

Rules

MPEP § 1002.02(b)