Before filing a provisional patent application, it is important to consider whether or not one or more foreign filing licenses should be obtained. If a foreign filing license is needed and is not obtained, then that may provide a bar to later obtaining patent rights in certain countries.
It may be necessary to first seek the permission of a relevant country (i.e. obtain a foreign filing license in that country) to file a patent application, if for example:
- A patent application is to be filed by a national of the relevant country;
- A patent application is to be filed by a resident of the relevant country;
- A patent application could be considered to contain national secrets; and/or
- The invention which is the subject of a patent application was at least partially made in the relevant country. Read more