[Patentpractice] is it possible to obtain foreign-filing license without actually filing?

[Bryan McWhorter]

You must petition.  See MPEP 140 and 37 CF 5.12-13.

On Tue, Apr 2, 2024 at 10:03 AM William Ahmed via Patentpractice <
patentpractice at oppedahl-lists.com> wrote:

> Normally, the filing receipt for a US patent application includes a
> non-retroactive foreign filing license.
>
>
> THE SITUATION -->
>
> A client wants patent rights in a non-USA jurisdiction that provides extra
> benefits if the FIRST filing is in that jurisdiction. The invention was
> made in the USA.
> Client therefore needs the first filing to be OUTSIDE of USA, so the
> client can sign a declaration to that non-USA patent office that this is
> the FIRST filing.
>
> If I recall, it is possible to fax (or whatever) to USPTO to get
> foreign-filing permission WITHOUT filing an actual US patent application.
> Is this true?
>
> How does it work?
>
> Thanks
> Bill
> --
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