How can I obtain a foreign filing license?
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.
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 after filing a US application, at which point a license is no longer required (unless a Secrecy Order has been imposed).
As stated in the MPEP: “There are two ways in which permission to file an application abroad may be obtained: either a petition for a foreign filing license may be granted (37 CFR 5.12) or an applicant may wait 6 months after filing an application in the USPTO (35 U.S.C. 184) at which time a license on that subject matter is no longer required as long as no Secrecy Order has been imposed.”
For more information on foreign filing license, visit: foreign filing license.
For more information on patent procedure, visit: patent procedure.
For more information on USPTO, visit: USPTO.