What is the scope of a foreign filing license?

The scope of a foreign filing license can vary depending on how it was obtained:

  • Licenses granted through the filing of a US application (implicit petition) typically have a broad scope as defined in 37 CFR 5.15(a).
  • Licenses granted through explicit petitions may have a narrower scope as defined in 37 CFR 5.15(b).
  • Licensees with a narrow scope can petition to convert to a broader scope under 37 CFR 5.15(c).

As stated in the MPEP: “The scope of any license granted on these petitions is indicated on the license. Petitions under 37 CFR 5.14(a) or (b) as well as any license granted on the petition are made of record in the application file.”

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

For more information on USPTO, visit: USPTO.

Topics: MPEP 140-Foreign Filing Licenses, Patent Law, Patent Procedure
Tags: foreign filing license, USPTO