What is a foreign filing license and when is it required?

A foreign filing license is permission granted by the USPTO to file a patent application in a foreign country. It is required when:

• An invention was made in the United States, and
• A US application has been filed less than 6 months ago, or
• No US application has been filed yet

As stated in 37 CFR 5.11(a): “A license from the Commissioner for Patents under 35 U.S.C. 184 is required before filing any application for patent… in a foreign country… if the invention was made in the United States.”

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

For more information on USPTO, visit: USPTO.