When is a foreign filing license required for PCT applications?
A foreign filing license is not required to file an international application in the United States Receiving Office. However, it may be required before the applicant or the U.S. Receiving Office can forward a copy of the international application to a foreign patent office, the International Bureau, or other foreign authority.
According to MPEP 1832, a foreign filing license is not required if:
- The invention was not made in the United States, or
- A U.S. national application on the invention was filed at least six months prior to the filing of the international application, the U.S. national application is not subject to a secrecy order, and the international application does not contain modifications changing the general nature of the invention.
In all other cases, the applicant should petition for a license for foreign filing.
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