How can I petition for a retroactive 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.

If you need a retroactive foreign filing license for a patent application filed abroad without first obtaining a foreign filing license, you can petition the USPTO. According to MPEP 1002.02(b):

Petitions for retroactive foreign filing license under 37 CFR 5.25, MPEP § 140, subsection II.

To petition for a retroactive foreign filing license:

• File the petition with the USPTO, directed to “Mail Stop L&R”
• Provide a detailed explanation of why the foreign filing was made without a license
• Include any supporting documentation
• Pay the required petition fee

For more detailed information on the requirements and process, refer to MPEP § 140, subsection II.