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

Carl Oppedahl carl at oppedahl.com
Tue Apr 2 17:35:50 UTC 2024


Did you not read my blog article 
https://blog.oppedahl.com/getting-faxed-foreign-filing-license-uspto/ ?

On 4/2/2024 11:02 AM, William Ahmed via Pct 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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