What is the process for obtaining a foreign filing license for a patent application?
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.
To obtain a foreign filing license for a patent application, you need to file a petition under 37 CFR 5.12(b). This petition is decided by the Director of the Technology Center who Oversees Licensing and Review.
As stated in MPEP 1002.02(c)(1): “Petitions under 37 CFR 5.12(b) for foreign license to file patent applications in foreign countries.”
For more detailed information on foreign filing licenses, you can refer to MPEP 140. Additionally, petitions relating to foreign filing licenses under 35 U.S.C. 184 are also decided by the same Director.