What are the consequences of filing a foreign patent application without a license?

Filing a foreign patent application without the required license can have severe consequences, including:

• Abandonment of the invention (35 U.S.C. 182)
• Inability to obtain a US patent (35 U.S.C. 185)
• Fines and imprisonment (35 U.S.C. 186)

As stated in 35 U.S.C. 185: “Notwithstanding any other provisions of law any person, and his successors, assigns, or legal representatives, shall not receive a United States patent for an invention if that person, or his successors, assigns, or legal representatives shall, without procuring the license prescribed in section 184, have made, or consented to or assisted another’s making, application in a foreign country for a patent or for the registration of a utility model, industrial design, or model in respect of the invention.”

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

For more information on USPTO, visit: USPTO.