How can I petition for a retroactive foreign filing license?

If you need a retroactive foreign filing license for a patent application filed abroad without first obtaining a foreign filing license, you can petition the USPTO. According to MPEP 1002.02(b): Petitions for retroactive foreign filing license under 37 CFR 5.25, MPEP § 140, subsection II. To petition for a retroactive foreign filing license: File the…

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What is the process for obtaining a foreign filing license?

The process for obtaining a foreign filing license involves filing a petition under 37 CFR 5.12(b). According to the MPEP: “Petitions under 37 CFR 5.12(b) for foreign license to file patent applications in foreign countries, MPEP § 140.“ Key points about foreign filing licenses: The Director of the Technology Center who oversees Licensing and Review…

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What does a foreign filing license authorize in the context of PCT applications?

A foreign filing license in the context of PCT applications authorizes more than just the filing of an international application. According to MPEP 1832: “A foreign filing license also authorizes the export of technical data abroad for purposes related to the preparation, filing or possible filing, and prosecution of a foreign application.” Furthermore, effective September…

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Can I file an international patent application directly with the International Bureau?

Yes, you can file an international patent application directly with the International Bureau as the Receiving Office, provided you meet certain criteria. The MPEP states: “Any applicant who is a resident or national of a PCT Contracting State may also file their application directly with the International Bureau as receiving Office.” This option can be…

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What is the purpose of reviewing patent applications for national security and property rights issues?

All provisional applications filed under 35 U.S.C. 111(b), nonprovisional applications filed under 35 U.S.C. 111(a), international applications filed under the PCT, and international design applications filed under the Hague Agreement are reviewed by the USPTO for three main purposes: To determine if a foreign filing license can be granted under 35 U.S.C. 184 To identify…

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