Jethro L Bennett

Jethro L Bennett

Inventor, Professional Product Designer, Elite Patent Specialist
Creator of The Inventor's Journey™
Captain of SHIINE® ENTERPRISE

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What is a USPTO Foreign Filing License,
(and Why Do I need one)?

ANSWER: If you’re an American inventor, the USPTO has a rule that, in order for you to be allowed to file a patent application at a patent office of another territory, (ie a patent office other than the United States Patent And Trademark Office (USPTO)), you need to get ‘permission’ from the USPTO. ‘Permission’ comes in the form of an abstract thing they call a ‘Foreign Filing License’. (There is no official certificate, etc). Watch this video to understand more, and see how to get one:

Only Relevant To America

You only have to worry about getting a Foreign Filing License, if you’re an American Inventor, or invented your invention whilst in America. If you’re not American, and invented your invention whilst NOT in America, then
you can disregard this whole topic.

Why (And When) Does The USPTO Require A Foreign Filing License?

You only have to worry about getting a Foreign Filing License, if you’re an American Inventor, or invented your invention whilst in America. If you’re not American, and invented your invention whilst NOT in America, then you can disregard this whole topic.

How Do I Get a Foreign Filing License From The USPTO?

If you’re an American inventor, and want/need to file at any patent office other than the USPTO, there are two main ways to get your Foreign Filing License:

1) If all goes well, the USPTO grants a Foreign Filing License, as standard, when your official filing receipt is sent out to you, (by post), after you file a patent application at the USPTO. (This is the case, whether it’s a provisional patent application filed, or a non-provisional). This often takes around 4-6 weeks to arrive from when you file. But there’s a potentially even better, (and quicker), way to get a Foreign Filing License):

2) Contact the USPTO License and Review Department directly, and ask for a Foreign Filing License, and therefore get permission to file at other patent offices. This is much easier than filing a provisional patent application, because the USPTO License and Review Department only require you provide them with the most basic (and brief) description of what your invention is.

It’s also a lot faster, (the USPTO License and Review Department often grants you your Foreign Filing License within around 3-4 working days, and you don’t necessarily have to wait to get confirmation through the post). It’s also less expensive. (Only $50, as opposed to $65 cost of filing a provisional patent application). 

If you want to know how to get your Foreign Filing License asap from the USPTO License and Review Department, we have a special webpage that shows you exactly how, and makes it extremely quick and easy. See this web page: How To Get My Foreign Filing License from the USPTO, asap.

Why Is This Relevant To Me Using The Inventor’s Journey™?

Many of our clients are American inventors. If you’re an American inventor, you’re required by the USPTO to get your Foreign Filing License, before filing at any patent office other than the USPTO.

In Step 4 of The Inventor’s Journey™, as part of the Lightspeed PerfectPatent™ Package, we file at the UKIPO (UK Patent Office) as the first patent office your application is searched and examined at, with the ability to get you official patent office results in as quick as 18 days from filing, (rather than the 2-3 years you often need to wait at the USPTO, to get results). So if you’re American, as standard, you’ll need to get a Foreign Filing License form the USPTO, to be able to get the huge benefits of our service, (and filing at the UK Patent Office). 

We also file ‘provisional’ patent applications at the UKIPO, so you may need to get your Foreign Filing License as early as Step 2 of The Inventor’s Journey™.

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