How can I petition for a retroactive foreign filing license?
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.
To learn more: