[Patentpractice] Foreign Filing License Incongruity Question

[Daniel Ratoff]

Here are the solutions I have seen:
1. ignore the issue.
2. file a provisional application in the US in a foreign language,
then file in the foreign country.

>From reviewing filing histories I would say most people do #1.  I have
seen #2 many times, but I am not confident it actually solves the
problem.

On Tue, Aug 13, 2024 at 8:39 AM Richard Straussman via Patentpractice
<patentpractice at oppedahl-lists.com> wrote:
>
> 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!
>
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