Petition for Foreign Filing License


Summary

This template may be used to petition the United States Patent and Trademark Office (USPTO) for a foreign filing license for a patent application. This template includes practical guidance and drafting notes. A U.S. patent application for an invention made in the U.S. implicitly includes a petition for a foreign filing license. See 37 C.F.R. § 5.12(a). If granted, the foreign filing license will be included in the USPTO's filing receipt for the patent application. However, if your client plans to file a foreign patent application before filing a U.S. application for the invention (or does not intend to file a patent application in the U.S.), your client must petition the USPTO for a foreign filing license under 37 C.F.R. § 5.12(b). Note that there is no need for a foreign filing license if the foreign patent application is not filed until six months after filing the corresponding U.S. application, as long as no secrecy order has been imposed. See 35 U.S.C. § 184, 37 C.F.R. § ...