How 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 MoreWhat happens if I file a foreign application without obtaining a foreign filing license?
Filing a foreign application without obtaining the required foreign filing license can have serious consequences. According to MPEP 140: ‘If a license is not obtained prior to filing, there is still the possibility of obtaining a license retroactively. … However, a party who files a patent application in a foreign country or under a multinational…
Read MoreWhat happens if I file a foreign patent application without a foreign filing license?
Filing a foreign patent application without the required foreign filing license can have serious consequences. According to MPEP 140: ‘Inadvertent foreign filing without a license is not uncommon. The patent law provides for petition for retroactive license in such cases.’ However, it’s important to note that: The application may be considered abandoned in the U.S.…
Read MoreHow do Secrecy Orders affect foreign filing licenses?
Secrecy Orders have significant impacts on foreign filing licenses: A Secrecy Order prevents the granting of a foreign filing license. It overrides the 6-month rule, prohibiting foreign filing even after 6 months. Applications under a Secrecy Order cannot be exported or filed in foreign countries. Violating a Secrecy Order can result in abandonment of the…
Read MoreHow does the 6-month rule work for foreign filing licenses?
The 6-month rule for foreign filing licenses states that: After 6 months from the filing date of a US application, a foreign filing license is no longer required for that subject matter. This automatic license occurs unless a Secrecy Order has been imposed on the application. The rule is based on 35 U.S.C. 184 and…
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