Thursday, April 21 2022   \  Published by SPRUSON & FERGUSON.

Before Filing a Provisional Patent Application Consider Foreign Filing Licenses

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

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