What happens if I file a foreign application without obtaining a foreign filing license?

Filing a foreign application without obtaining the required foreign filing license can have serious consequences. According to MPEP 140:

‘If a license is not obtained prior to filing, there is still the possibility of obtaining a license retroactively. … However, a party who files a patent application in a foreign country or under a multinational agreement, without first obtaining a license from the Commissioner when required, shall be barred from receiving a United States patent for the invention under 35 U.S.C. 185.’

In other words, failing to obtain a license can result in being barred from receiving a U.S. patent for the same invention. However, you may be able to obtain a retroactive license in some cases.

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