Foreign Filing Licenses

Foreign filing license required before filing patent application abroad if the invention was made in the US. License granted by default if no secrecy order issued within 6 months of US filing. Filing abroad without license = application abandoned and criminal liability.

Key Points

US-made inventions: must obtain foreign filing license before filing abroad
License granted by default: if USPTO takes no action within 6 months of filing, license granted
Petition for early license available — may be granted before 6 months
Filing abroad without license: US application abandoned AND criminal penalties
Retroactive license available in some cases to cure unauthorized foreign filing
License covers filing in all foreign countries — not country-specific

Key Takeaway

The 6-month default license rule: if no secrecy order is issued within 6 months of the US filing date, a foreign filing license is automatically granted. Filing abroad before 6 months without a petition requires an express license.

Exam Trap

Filing abroad before 6 months without a license or before receiving an express license — even if no secrecy order was later issued — is a violation. The violation can be cured by retroactive petition but the application is at risk.

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