Uspto Foreign Filing License
File an application and assuming the application is not marked by a security screener with the filing receipt or another uspto official notice there will be an indication that a foreign filing license is granted. Patent and trademark office uspto permitting a patent applicant to file a patent application for us made invention in a foreign country.
Overview Of The Examination Process Within The Uspto Patent
However applicant must also abide by the various regulations and restrictions related to sending information to certain countries.
Uspto foreign filing license. As of today 28 countries including the u s have regulations related to foreign filing licenses. What matters is the country of invention where the invention was created and not the citizenship of the inventors as far as the u s. A license for foreign filing is not required to file an international application in the united states receiving office but may be required before the applicant or the u s.
Foreign filing licenses are pretty routine. Although the uspto will usually process such requests any foreign filing license granted on such short description may not authorize filing abroad the ultimate resulting patent applications consider that you are going to be using a fax machine to send this document to the uspto. If the ida is filed indirectly through the uspto the uspto reviews the ida for the license and applies a fee as necessary.
A petition for a retroactive foreign filing license based on a pending patent application 37 cfr 5 14 or for material not related to any pending application 37 cfr 5 13 may be mailed faxed hand delivered it may be filed through efs web in a pending application. That written permission is called a foreign filing license which is typically found in the filing receipt issued by the uspto after a patent application has been filed. 368 37 cfr 5 1 and 5 11.
Either a petition for a foreign filing license may be granted 37 cfr 5 12 or an applicant may wait 6 months after filing an application in the uspto 35 u s c. Yes a license for the uspto is not country specific. There are two ways in which permission to file an application abroad may be obtained.
Filing the ida directly with wipo requires obtaining the license. A foreign filing license is a license granted by the u s. One of the perhaps lesser known roles of the uspto is the review of patent applications for sensitive technical information to prevent the unauthorized export of certain information to foreign countries.
Receiving office can forward a copy of the international application to a foreign patent office the international bureau or other foreign authority 35 u s c. 184 at which time a license on that subject matter is no longer required as long as no secrecy order has been imposed. Obtaining a foreign filing license in the united states is a relatively simple process that requires only submission of a petition under 37 cfr 5 13 along with the petition fee and a copy of the.
Does a foreign filing license from the uspto apply to any country. An applicant can file an ida directly with wipo or indirectly through the uspto.
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