Filer Beware.Why A Foreign Filing License May Be Required Before Filing Your Patent

Foreign filing licenses are a common but often overlooked requirement that can create headaches for patent applicants. Failure to obtain the appropriate authorization can lead to consequences ranging from monetary penalties to, in some jurisdictions, criminal liability and imprisonment.

What is a foreign filing license?

A foreign filing license (FFL) is a government-granted authorization, typically from a national patent office, to file a patent application in foreign countries for inventions that are made:

1. within the license-granting country;
2. by residents of the license-granting country; or
3. by nationals of the license-granting country.

In most jurisdictions, foreign filing license requirements can be satisfied in one of three common ways: by filing a first application in the relevant country, by formally requesting and obtaining an explicit foreign filing license from the national authority, or by waiting a prescribed period of time during which no secrecy order is issued,