What is the process for obtaining a foreign filing license for a patent application?
The process for obtaining a foreign filing license is part of the USPTO’s screening procedure for patent applications. The MPEP states: A third function of the screening procedure is to process foreign filing license petitions under37 CFR 5.12(a). SeeMPEP § 140. The foreign filing license is automatically granted in most cases as part of the…
Read MoreHow does a secrecy order affect foreign filing of a patent application?
A secrecy order significantly impacts the foreign filing of a patent application. According to MPEP 120: “The issuance of a secrecy order does not alter the applicant’s right to appeal to the Patent Trial and Appeal Board or to file a civil action under 35 U.S.C. 145 or 146, except that if such appeal or…
Read MoreWhat 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…
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…
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