By: Josh Sloat
Foreign Filing License Risks and Strategies
Foreign filing licenses – surprisingly sneaky and easy to overlook, but can come with significant consequences if you do. Many countries, including the US, require inventors to receive special permission to file with patent offices outside of the inventor’s – or invention’s – country. A foreign filing license is a government issued document that represents this permission for inventors and companies to file in foreign countries. Failing to receive this permission can come with serious ramifications including fines, patent revocation, and even imprisonment!
Why so serious? Well, like with most matters of foreign export compliance, it comes down to each nation’s strong desire to protect its own security and economic interests. Allowing ideas to cross borders comes with the risk of the unauthorized exportation of technologies and sensitive information that could have implications for military applications, national security, and state secrets.
In this month’s episode, we're bringing you along for a tale of international mystery and intrigue and into the clandestine world of foreign filing licenses. Ty Davis, Patent Strategy Associate at Aurora, along with our all star patent panel, discusses:
Ty is joined by our always exceptional group of IP experts, including:
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Topic and guest participant requests
If you’re an agent or attorney and would like to be part of the discussion or an inventor with a topic you’d like to hear discussed, please reach out.
Foreign Filing License Countries Table
As mentioned in the episode, based on our research, we've assembled a table of known countries with foreign filing license requirements. This table also breaks down the categories discussed in this episode, including whether the requirements are based on location of inventive activity vs. location/residency/citizenship of participants and whether or not the requirements are limited to national security, state secrets, and/or military applications. This is available as a downloadable PDF.
The following articles talk about how international filing fits into your overall patent timeline and strategy.
We're also providing computer-generated transcripts for improved accessibility and additional reference opportunities.
For the visual learners out there, we also like to make our presenter slides available for your reference.
Ashley Sloat, Ph.D.
Startups have a unique set of patent strategy needs - so let this blog be a resource to you as you embark on your patent strategy journey.