Patent Law FAQ

Filing a foreign application without obtaining the required foreign filing license can have serious consequences. According to MPEP 140:

‘If a license is not obtained prior to filing, there is still the possibility of obtaining a license retroactively. … However, a party who files a patent application in a foreign country or under a multinational agreement, without first obtaining a license from the Commissioner when required, shall be barred from receiving a United States patent for the invention under 35 U.S.C. 185.’

In other words, failing to obtain a license can result in being barred from receiving a U.S. patent for the same invention. However, you may be able to obtain a retroactive license in some cases.

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

Can I obtain a foreign filing license for an invention not yet filed with the USPTO?

Yes, it is possible to obtain a foreign filing license for an invention that has not yet been filed with the United States Patent and Trademark Office (USPTO). This is known as a petition-based license. According to MPEP 140:

“If no corresponding national or international application has been filed in the United States, the petition for license should be accompanied by a legible copy of the material upon which a foreign patent application is to be based. Where the material upon which the foreign patent application is to be based is a U.S. application, the petition for license should identify the application by its application number, filing date, inventor, and title. Where the material upon which the foreign patent application is to be based is not a U.S. application, a legible copy of the material must be attached to the petition.”

To obtain such a license, you must file a petition with the USPTO, providing details about the invention and the reasons for seeking an early foreign filing license. The USPTO will review the petition and may grant the license if it determines that the invention does not pose a national security risk.

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

The time to obtain a foreign filing license from the USPTO can vary. According to MPEP 140:

‘If a license is required but the application is not one of the types under MPEP § 140(II), the grant of a license is not usually included in the letter of filing receipt.’

In such cases, the processing time can take several weeks. However, for expedited processing:

• A petition for expedited handling under 37 CFR 1.182 can be filed.
• In urgent cases, the license can be granted immediately by telephone.
• The Office of Licensing and Review can grant a license the same day by fax.

It’s advisable to apply for a license well in advance of any planned foreign filing to ensure timely processing.

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

There are several ways to obtain a foreign filing license:

1. File a US patent application, which is considered an implicit petition for a license. The filing receipt will indicate if a license is granted.
2. File an explicit petition for a license under 37 CFR 5.12(b) if no US application has been filed.
3. Wait 6 months after filing a US application, at which point a license is no longer required (unless a Secrecy Order has been imposed).

As stated in the MPEP: “There are two ways in which permission to file an application abroad may be obtained: either a petition for a foreign filing license may be granted (37 CFR 5.12) or an applicant may wait 6 months after filing an application in the USPTO (35 U.S.C. 184) at which time a license on that subject matter is no longer required as long as no Secrecy Order has been imposed.”

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

For more information on patent procedure, visit: patent procedure.

For more information on USPTO, visit: USPTO.

Filing a foreign application without obtaining the required foreign filing license can have serious consequences. According to MPEP 140:

‘If a license is not obtained prior to filing, there is still the possibility of obtaining a license retroactively. … However, a party who files a patent application in a foreign country or under a multinational agreement, without first obtaining a license from the Commissioner when required, shall be barred from receiving a United States patent for the invention under 35 U.S.C. 185.’

In other words, failing to obtain a license can result in being barred from receiving a U.S. patent for the same invention. However, you may be able to obtain a retroactive license in some cases.

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

Can I obtain a foreign filing license for an invention not yet filed with the USPTO?

Yes, it is possible to obtain a foreign filing license for an invention that has not yet been filed with the United States Patent and Trademark Office (USPTO). This is known as a petition-based license. According to MPEP 140:

“If no corresponding national or international application has been filed in the United States, the petition for license should be accompanied by a legible copy of the material upon which a foreign patent application is to be based. Where the material upon which the foreign patent application is to be based is a U.S. application, the petition for license should identify the application by its application number, filing date, inventor, and title. Where the material upon which the foreign patent application is to be based is not a U.S. application, a legible copy of the material must be attached to the petition.”

To obtain such a license, you must file a petition with the USPTO, providing details about the invention and the reasons for seeking an early foreign filing license. The USPTO will review the petition and may grant the license if it determines that the invention does not pose a national security risk.

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

The time to obtain a foreign filing license from the USPTO can vary. According to MPEP 140:

‘If a license is required but the application is not one of the types under MPEP § 140(II), the grant of a license is not usually included in the letter of filing receipt.’

In such cases, the processing time can take several weeks. However, for expedited processing:

• A petition for expedited handling under 37 CFR 1.182 can be filed.
• In urgent cases, the license can be granted immediately by telephone.
• The Office of Licensing and Review can grant a license the same day by fax.

It’s advisable to apply for a license well in advance of any planned foreign filing to ensure timely processing.

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

There are several ways to obtain a foreign filing license:

1. File a US patent application, which is considered an implicit petition for a license. The filing receipt will indicate if a license is granted.
2. File an explicit petition for a license under 37 CFR 5.12(b) if no US application has been filed.
3. Wait 6 months after filing a US application, at which point a license is no longer required (unless a Secrecy Order has been imposed).

As stated in the MPEP: “There are two ways in which permission to file an application abroad may be obtained: either a petition for a foreign filing license may be granted (37 CFR 5.12) or an applicant may wait 6 months after filing an application in the USPTO (35 U.S.C. 184) at which time a license on that subject matter is no longer required as long as no Secrecy Order has been imposed.”

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

For more information on patent procedure, visit: patent procedure.

For more information on USPTO, visit: USPTO.

Filing a foreign application without obtaining the required foreign filing license can have serious consequences. According to MPEP 140:

‘If a license is not obtained prior to filing, there is still the possibility of obtaining a license retroactively. … However, a party who files a patent application in a foreign country or under a multinational agreement, without first obtaining a license from the Commissioner when required, shall be barred from receiving a United States patent for the invention under 35 U.S.C. 185.’

In other words, failing to obtain a license can result in being barred from receiving a U.S. patent for the same invention. However, you may be able to obtain a retroactive license in some cases.

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

Can I obtain a foreign filing license for an invention not yet filed with the USPTO?

Yes, it is possible to obtain a foreign filing license for an invention that has not yet been filed with the United States Patent and Trademark Office (USPTO). This is known as a petition-based license. According to MPEP 140:

“If no corresponding national or international application has been filed in the United States, the petition for license should be accompanied by a legible copy of the material upon which a foreign patent application is to be based. Where the material upon which the foreign patent application is to be based is a U.S. application, the petition for license should identify the application by its application number, filing date, inventor, and title. Where the material upon which the foreign patent application is to be based is not a U.S. application, a legible copy of the material must be attached to the petition.”

To obtain such a license, you must file a petition with the USPTO, providing details about the invention and the reasons for seeking an early foreign filing license. The USPTO will review the petition and may grant the license if it determines that the invention does not pose a national security risk.

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

The time to obtain a foreign filing license from the USPTO can vary. According to MPEP 140:

‘If a license is required but the application is not one of the types under MPEP § 140(II), the grant of a license is not usually included in the letter of filing receipt.’

In such cases, the processing time can take several weeks. However, for expedited processing:

• A petition for expedited handling under 37 CFR 1.182 can be filed.
• In urgent cases, the license can be granted immediately by telephone.
• The Office of Licensing and Review can grant a license the same day by fax.

It’s advisable to apply for a license well in advance of any planned foreign filing to ensure timely processing.

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

There are several ways to obtain a foreign filing license:

1. File a US patent application, which is considered an implicit petition for a license. The filing receipt will indicate if a license is granted.
2. File an explicit petition for a license under 37 CFR 5.12(b) if no US application has been filed.
3. Wait 6 months after filing a US application, at which point a license is no longer required (unless a Secrecy Order has been imposed).

As stated in the MPEP: “There are two ways in which permission to file an application abroad may be obtained: either a petition for a foreign filing license may be granted (37 CFR 5.12) or an applicant may wait 6 months after filing an application in the USPTO (35 U.S.C. 184) at which time a license on that subject matter is no longer required as long as no Secrecy Order has been imposed.”

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

For more information on patent procedure, visit: patent procedure.

For more information on USPTO, visit: USPTO.