Yes, a foreign filing license can be revoked by the USPTO. Key points about revocation include: The USPTO can revoke a license through written notification. Revocation usually occurs if additional review reveals national security concerns. Revocation is effective on the date the notice is mailed. Foreign filings made before revocation are generally not affected. New…

A retroactive foreign filing license is a license granted after an unlicensed foreign filing has already occurred. Key points include: It can be requested through a petition under 37 CFR 5.25. The unlicensed filing must have occurred through error. Specific requirements in 37 CFR 5.25 must be met, including providing detailed information about each unlicensed…

The scope of a foreign filing license can vary depending on how it was obtained: Licenses granted through the filing of a US application (implicit petition) typically have a broad scope as defined in 37 CFR 5.15(a). Licenses granted through explicit petitions may have a narrower scope as defined in 37 CFR 5.15(b). Licensees with…

Filing a foreign patent application without the required license can have severe consequences, including: Abandonment of the invention (35 U.S.C. 182) Inability to obtain a US patent (35 U.S.C. 185) Fines and imprisonment (35 U.S.C. 186) As stated in 35 U.S.C. 185: “Notwithstanding any other provisions of law any person, and his successors, assigns, or…

A foreign filing license is permission granted by the USPTO to file a patent application in a foreign country. It is required when: An invention was made in the United States, and A US application has been filed less than 6 months ago, or No US application has been filed yet As stated in 37…