[Patentpractice] Foreign Filing License Incongruity Question

[Richard Straussman]

All,

I am wracking my brain over this one and am looking for the collective 
wisdom of the brilliant members of the ListServ.

Assume that an invention is jointly collaboratively developed and 
invented by two persons, one located in and a resident of, the U.S., and 
the other located in and a resident of India.

Both countries require a foreign filing license before the technology 
can be "exported."  If the U.S. is to be the place of first filing, then 
one needs to get an Indian FFL before that filing.  However, in order to 
do so, the Indian Patent Office needs the application to review it.  But 
sending it to them theoretically violates the need for a U.S. FFL.  
Likewise, if India is to be the place of first filing, then you need a 
U.S. FFL before you can file there, but that would violate the Indian 
requirement.

Assume that first filing a PCT application is NOT an option 
(irrespective of whether or not that solves the problem), how have folks 
in such a situation reconciled the issue?

Thanks in advance!

-- 
*Richard Straussman**
* *Senior Counsel*
* Registered Patent Attorney
* Member NY, NJ & CT Bars
*. . . . . . . . . . . . . .*
*Weitzman Law Offices, LLC*
*Intellectual Property Law*
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Roseland, NJ 07068
*direct line* 973.403.9943
*main* 973.403.9940
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