How do I apply for a retroactive foreign filing license?

If you’ve inadvertently filed a foreign patent application without obtaining a foreign filing license, you can apply for a retroactive license. According to MPEP 140:

‘Petitions for a retroactive license under 35 U.S.C. 184 are decided by the Office of Petitions. The petition must be in the form of a verified statement and should include the following information:’

• A listing of each of the foreign countries in which the unlicensed patent application material was filed
• The dates on which the material was filed in each country
• A verified statement that the subject matter in question was not under a secrecy order at the time it was filed abroad
• A verified statement that the license has been diligently sought after discovery of the proscribed foreign filing
• An explanation of why the material was filed abroad through error without the required license first having been obtained

The petition should be submitted to the USPTO as soon as possible after discovering the error. Include all relevant documentation and be prepared to pay any required fees.

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

For more information on USPTO, visit: USPTO.