How 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…
Read MoreCan a foreign filing license be revoked?
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…
Read MoreWhat is a retroactive foreign filing license?
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…
Read MoreWhat is the scope of a foreign filing license?
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…
Read MoreWhat are the consequences of filing a foreign patent application without a license?
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…
Read MoreHow can I obtain a foreign filing license?
There are several ways to obtain a foreign filing license: File a US patent application, which is considered an implicit petition for a license. The filing receipt will indicate if a license is granted. File an explicit petition for a license under 37 CFR 5.12(b) if no US application has been filed. Wait 6 months…
Read MoreWhat is a foreign filing license and when is it required?
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…
Read MoreCan directional arrows be added or reversed in patent drawings without applicant’s annotated sheets?
Yes, adding or reversing directional arrows in patent drawings is one of the changes that can be made without requiring annotated sheets from the applicant. According to MPEP 608.02(w): As a guide to the examiner, the following corrections are illustrative of those that may be suggested without requiring annotated sheets from the applicant: … (D)…
Read MoreCan reference characters be added to patent drawings without applicant’s annotated sheets?
Yes, according to MPEP 608.02(w), adding two or three reference characters or exponents is one of the changes that can be made to patent drawings without requiring annotated sheets from the applicant. The MPEP states: As a guide to the examiner, the following corrections are illustrative of those that may be suggested without requiring annotated…
Read MoreWhat information should be included in the affidavit when correcting an erroneous assignment?
When correcting an erroneous assignment, the affidavit or declaration submitted to the USPTO should contain specific information. According to MPEP 323.01(c), the affidavit should include: Identification of yourself as the correct owner A statement that the previously recorded document was submitted with erroneous information The reel and frame number of the previously recorded document A…
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