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

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.

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.