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Patent FAQ

Must an application for an invention made at least partially in the U.S. be filed in the U.S. prior to filing abroad?

No, 35 U.S.C. 184 merely requires applicant to obtain a license from the USPTO prior to filing in a foreign country. This may be done in accordance with 37 CFR 5.13.

Related posts:

  1. I filed a provisional application and did not receive a foreign filing license. Six months have passed and having received no secrecy order, I foreign filed the application. I later filed the nonprovisional application and again did not receive a foreign
  2. If a petition for expedited license is filed without a corresponding U.S. application, how much information should be submitted in the copy of the material required by 37 CFR 5.13? Will an invention summary suffice?
  3. When I receive a license, what does it cover?
  4. What are the various options for filing a petition for expedited foreign filing license?

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