How does the USPTO handle foreign filing license requests in PCT applications?
The USPTO has implemented a process to handle foreign filing license requests for PCT applications efficiently. According to MPEP 1832: “If no petition or request for a foreign filing license is included in the international application, and it is clear that a license is required because of the designation of foreign countries and the time…
Read MoreHow 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…
Read MoreWhat 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…
Read MoreWhen is a foreign filing license required for PCT applications?
A foreign filing license is not required to file an international application in the United States Receiving Office. However, it may be required before the applicant or the U.S. Receiving Office can forward a copy of the international application to a foreign patent office, the International Bureau, or other foreign authority. According to MPEP 1832,…
Read MoreWhat 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…
Read MoreCan 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…
Read MoreWhat is the process for obtaining a foreign filing license for a patent application?
To obtain a foreign filing license for a patent application, you need to file a petition under 37 CFR 5.12(b). This petition is decided by the Director of the Technology Center who Oversees Licensing and Review. As stated in MPEP 1002.02(c)(1): “Petitions under 37 CFR 5.12(b) for foreign license to file patent applications in foreign…
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:…
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