Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 140-Foreign Filing Licenses (2)
1) A listing of each foreign country where the unlicensed patent application was filed
2) The filing dates in each country
3) A verified statement containing:
– An averment that the subject matter was not under a secrecy order and is not currently under a secrecy order
– A showing that the license has been diligently sought after discovery of the proscribed foreign filing
– An explanation of why the material was filed abroad through error without the required license
4) The required fee under 37 CFR 1.17(g)
If you’ve inadvertently filed a foreign patent application without obtaining a foreign filing license, you can apply for a retroactive license. According to MPEP 140:
‘Petitions for a retroactive license under 35 U.S.C. 184 are decided by the Office of Petitions. The petition must be in the form of a verified statement and should include the following information:’
- A listing of each of the foreign countries in which the unlicensed patent application material was filed
- The dates on which the material was filed in each country
- A verified statement that the subject matter in question was not under a secrecy order at the time it was filed abroad
- A verified statement that the license has been diligently sought after discovery of the proscribed foreign filing
- An explanation of why the material was filed abroad through error without the required license first having been obtained
The petition should be submitted to the USPTO as soon as possible after discovering the error. Include all relevant documentation and be prepared to pay any required fees.
For more information on retroactive foreign filing license, visit: retroactive foreign filing license.
For more information on USPTO, visit: USPTO.
Patent Law (2)
A petition for a retroactive foreign filing license may be filed under 37 CFR 5.25 if an unlicensed foreign filing occurred through error. The petition must include:
1) A listing of each foreign country where the unlicensed patent application was filed
2) The filing dates in each country
3) A verified statement containing:
– An averment that the subject matter was not under a secrecy order and is not currently under a secrecy order
– A showing that the license has been diligently sought after discovery of the proscribed foreign filing
– An explanation of why the material was filed abroad through error without the required license
4) The required fee under 37 CFR 1.17(g)
If you’ve inadvertently filed a foreign patent application without obtaining a foreign filing license, you can apply for a retroactive license. According to MPEP 140:
‘Petitions for a retroactive license under 35 U.S.C. 184 are decided by the Office of Petitions. The petition must be in the form of a verified statement and should include the following information:’
- A listing of each of the foreign countries in which the unlicensed patent application material was filed
- The dates on which the material was filed in each country
- A verified statement that the subject matter in question was not under a secrecy order at the time it was filed abroad
- A verified statement that the license has been diligently sought after discovery of the proscribed foreign filing
- An explanation of why the material was filed abroad through error without the required license first having been obtained
The petition should be submitted to the USPTO as soon as possible after discovering the error. Include all relevant documentation and be prepared to pay any required fees.
For more information on retroactive foreign filing license, visit: retroactive foreign filing license.
For more information on USPTO, visit: USPTO.
Patent Procedure (1)
If you’ve inadvertently filed a foreign patent application without obtaining a foreign filing license, you can apply for a retroactive license. According to MPEP 140:
‘Petitions for a retroactive license under 35 U.S.C. 184 are decided by the Office of Petitions. The petition must be in the form of a verified statement and should include the following information:’
- A listing of each of the foreign countries in which the unlicensed patent application material was filed
- The dates on which the material was filed in each country
- A verified statement that the subject matter in question was not under a secrecy order at the time it was filed abroad
- A verified statement that the license has been diligently sought after discovery of the proscribed foreign filing
- An explanation of why the material was filed abroad through error without the required license first having been obtained
The petition should be submitted to the USPTO as soon as possible after discovering the error. Include all relevant documentation and be prepared to pay any required fees.
For more information on retroactive foreign filing license, visit: retroactive foreign filing license.
For more information on USPTO, visit: USPTO.