Note that multiple countries require foreign filing licenses based upon multiple categories. Further, it is important to note that, in many instances, the requirement for a foreign filing license only applies to patent applications including disclosure that may be of interest for national defense or security or military applications, in particular.
Armenia — Requires that a patent application for an invention created in Armenia must be filed in Armenia before filing abroad. China — Requires that any unit or individual that intends to apply for a patent in a foreign country for an invention accomplished in China shall submit the matter to the patent administration department for confidentiality examination. The requirement may be met by filing of an application in China or receiving clearance from the patent administration after obtaining the confidentiality examination.
Cyprus — Requires that a patent application for an invention created in Cyprus must be filed in Cyprus before filing abroad. Kazakhstan — States that submission to foreign countries of an application for an invention created in Kazakhstan may be carried out three months after the date of submission of the application to the patent office or earlier, after completion of the review in relation to whether the application includes state secrets.
Spain — Requires that a patent application for an invention created in Spain must be filed in Spain before filing abroad. The law, however, does provide for obtaining authorization from the Spanish Patent and Trademark Office to first file abroad.
Russia — Requires that a patent application for an invention created in Russia must be filed in Russia before filing abroad. United States — Requires that a license must be obtained before filing any application in a foreign country if the invention was made in the United States. A license may be granted upon filing of the appropriate petition and may be obtained retroactively with an explanation of why the material was first filed abroad through error.
Azerbaijan , Germany , and Luxembourg all have restrictions based solely on the presence of state secrets. They each require that patent applications containing secrets relevant to the specific state must first be filed in that state prior to any filings abroad. In India, the requirement may be waived after receipt of a written permit following submission of the proper request. The following countries have nuanced variations of similar requirements. Belarus and France have requirements for applications by natural or legal persons having a residence or principal place of business in the respective country.
The main factors used to determine whether obtaining the license is required are: 1 where the application is filed; and 2 the location of the inventors. What if one of the inventors is in U.
Assume that a Singapore company wants to file an invention and an inventor in New York is involved, does the company need to get the license? It depends on where the invention is made. If the invention is made in Singapore, the license is not required. If the invention is made in the United States. Outsourcing patent work to a foreign company or sending invention materials to a foreign office for a review does not require obtaining the license.
The Hague system, administered by WIPO, enables obtaining protection for up to industrial designs in 64 territories in a single application. For filing a request for an FFL, a brief description of the invention is required. The brief description should sufficiently cover the invention and the underlying inventive concept known to the applicant at the time of making a request for the FFL.
Generally, one may need to have the following documents to file a request for the FFL:. In case, a resident in India fails to obtain the FFL before filing the application in a foreign country then as per Sections 40 and of the Act, subsequent Indian application that the applicant may file, may be rejected besides being liable for penalty.
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For your international application, this means that if you need, but do not yet have the necessary permission: you should file directly with your national Office, and you should not use ePCT to prepare your international application, since the draft details are held on servers operated by the International Bureau, rather than your computer or the servers of the relevant national Office.
State Restrictions Legislation and notes AM Armenia Inventions made in the country Law on Inventions, Utility Models and Industrial Designs , Article 77 AZ Azerbaijan Applications containing State secrets Law of the Republic of Azerbaijan on Patents , Article 25 BE Belgium Applications by nationals or by natural or legal persons having a residence or principal place of business in Belgium Applies to applications which may be of interest for national defense or security BG Bulgaria Applications by residents Applies to applications which have been classified by the defense authorities of Bulgaria as being of a confidential nature.
III Sec. GB United Kingdom Applications by residents Applies to applications relating to military technology or whose publication might prejudice national security or safety of the public.
IL Israel Applications by nationals and residents Applies to applications the subject of which is weaponry or ammunition, or which is otherwise of military value. Patents Law , , Article 98 IN India Applications by residents Unless a written permit has been granted following a request on Form 25 and payment of INR 4, INR 1, for individuals or unless an application for a patent for the same invention has been made in India and at least 6 weeks have elapsed without a notice from Controller prohibiting publication or communication of the application.
Patents Act , Section IT Italy Applications by residents Unless the international application claims the priority of a national application filed in Italy more than 90 days previously and such application has not been made subject of the official secrets regulation. Patent Act , Art. See also 37 CFR 5. For more details about applications for foreign filing licenses.
VN Viet Nam Applications by residents Unless written authorization from the National Office of Industrial Property Viet Nam has been obtained or unless an application for a patent for the same invention has been filed at that Office.
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