Can I obtain a foreign filing license for a provisional patent application?

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, 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 a license is the same as for non-provisional applications.
• If you plan to file a foreign application based on your provisional application within 6 months, you should request a license when filing the provisional or shortly thereafter.

Remember, the license requirement applies to the subject matter, not the type of application.

For more information on foreign filing license, visit: foreign filing license.

For more information on provisional application, visit: provisional application.