What is the process for obtaining a foreign filing license for a patent application?

The process for obtaining a foreign filing license is part of the USPTO’s screening procedure for patent applications. The MPEP states:

A third function of the screening procedure is to process foreign filing license petitions under37 CFR 5.12(a). SeeMPEP § 140.

The foreign filing license is automatically granted in most cases as part of the application filing process. However, if the application contains subject matter that requires further review, the applicant may need to petition for a foreign filing license separately.

To obtain a foreign filing license, applicants should:

1. File a patent application with the USPTO
2. Wait for the automatic screening process to complete
3. If a license is not automatically granted, file a petition under 37 CFR 5.12(a)
4. Provide any additional information requested by the USPTO

It’s important to note that filing an application abroad without first obtaining a foreign filing license can have serious consequences, including abandonment of the U.S. application and potential criminal penalties.

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

For more information on patent applications, visit: patent applications.

For more information on USPTO procedures, visit: USPTO procedures.