Can 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…

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Can 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…

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Can 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…

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What 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…

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What 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.…

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How 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…

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