How does the 6-month rule work for foreign filing licenses?

The 6-month rule for foreign filing licenses states that:

• After 6 months from the filing date of a US application, a foreign filing license is no longer required for that subject matter.
• This automatic license occurs unless a Secrecy Order has been imposed on the application.
• The rule is based on 35 U.S.C. 184 and 37 CFR 5.11(e)(2).

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 USPTO, visit: USPTO.