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ARTICLE · 27 APRIL 2022

Before filing a provisional patent application consider foreign filing licences

What should you consider before filing a provisional patent application?

AustraliaIntellectual Property

Before filing a provisional patent application, it is important to consider whether or not one or more foreign filing licenses should be obtained. If a foreign filing license is needed and is not obtained, then that may provide a bar to later obtaining patent rights in certain countries.

It may be necessary to first seek the permission of a relevant country (i.e. obtain a foreign filing license in that country) to file a patent application, if for example:

  • A patent application is to be filed by a national of the relevant country;
  • A patent application is to be filed by a resident of the relevant country;
  • A patent application could be considered to contain national secrets; and/or

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