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

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.

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

‘Inadvertent foreign filing without a license is not uncommon. The patent law provides for petition for retroactive license in such cases.’

However, it’s important to note that:

• The application may be considered abandoned in the U.S.
• You may lose the right to obtain a U.S. patent on that invention.
• There could be criminal penalties under 35 U.S.C. 181 and 35 U.S.C. 186.

If you’ve inadvertently filed without a license, you should immediately seek a retroactive foreign filing license from the USPTO.

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