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 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.