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 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 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 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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