This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Yes, there are certain exceptions to the foreign filing license requirement. According to MPEP 140:
‘A license is not required if the invention was not made in the United States. Also, a license is not required to file an international application in the United States Receiving Office.’
Additionally, the following situations do not require a foreign filing license:
- Filing applications in countries where no security agreement exists with the United States
- Filing a PCT application designating only foreign countries
- Filing a design patent application in a foreign country
However, it’s important to note that these exceptions are subject to specific conditions and may change. Always consult with a patent attorney or the USPTO if you’re unsure about your specific situation.
For more information on USPTO, visit: USPTO.