How do you petition for a retroactive foreign filing license?
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 filed2) The filing dates in each country3) A verified statement containing:– An averment that the…
Read MoreCan I obtain a foreign filing license for an invention not yet filed with the USPTO?
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:…
Read MoreHow long does a foreign filing license remain valid?
How long does a foreign filing license remain valid? The validity period of a foreign filing license depends on the type of license issued. According to MPEP 140: “A foreign filing license is not required to file a patent application in another country if the invention was not made in the United States. A license…
Read MoreCan a foreign filing license be revoked or modified?
Can a foreign filing license be revoked or modified? Yes, a foreign filing license can be revoked or modified under certain circumstances. The MPEP 140 provides guidance on this: Licenses for foreign filing may be revoked or modified upon written notification from the Director. Normally, revocation or modification will only affect applications or other materials…
Read MoreCan I obtain a foreign filing license for a provisional patent application?
Yes, you can obtain a foreign filing license for a provisional patent application. According to MPEP 140: ‘U.S. provisional applications are considered as pending applications and are subject to the license requirement specified in 35 U.S.C. 184.’ This means that: Provisional applications require a foreign filing license just like non-provisional applications. The process for obtaining…
Read MoreWhat is the difference between a foreign filing license and a secrecy order?
While both foreign filing licenses and secrecy orders are related to the protection of sensitive information in patent applications, they serve different purposes: Foreign Filing License: As described in MPEP 140, this is a permission granted by the USPTO to file a patent application in a foreign country. It’s typically granted routinely unless there are…
Read MoreCan a foreign filing license be denied by the USPTO?
Yes, a foreign filing license can be denied by the USPTO. According to MPEP 140: ‘If the Director of the USPTO or his or her designee determines that the application contains subject matter that requires a security review under the Invention Secrecy Act (35 U.S.C. 181-188), the petition for license is denied and the applicant…
Read MoreHow long does it take to get a foreign filing license from the USPTO?
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…
Read MoreAre there any exceptions to the foreign filing license requirement?
Yes, there are certain exceptions to the foreign filing license requirement. According to MPEP 140: ‘A license is not required if the invention was not made in the United States. Also, a license is not required to file an international application in the United States Receiving Office.’ Additionally, the following situations do not require a…
Read MoreHow do I apply for a retroactive foreign filing license?
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…
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