Can You Use a Patent Application Filing in Order to Obtain a Foreign Filing License for “technical data” ? – YES! – By Richard Neifeld, Ph.D., Patent Attorney, Neifeld IP Law, PC www.Neifeld.com
United States laws supply restrictions on exporting “technical data” outside the U.S. Obtaining a license to export that information via conventional channels may possibly be time consuming and relatively costly. A patent application can rapidly and inexpensively impact a license to export particular “technical data”. U.S. patent laws and regulations supply for such a procedure, as follows. Unites States patent code section 35 USC 184 states as follows:
35 USC 184 – Filing of application in foreign country
Except when authorized by a license obtained from the Commissioner of Patents a individual shall not file or trigger or authorize to be filed in any foreign country prior to six months right after filing in the United States an application for patent or for the registration of a utility model, industrial design, or model in respect of an invention made in this country. A license shall not be granted with respect to an invention topic to an order issued by the Commissioner of Patents pursuant to section 181 of this title without the concurrence of the head of the departments and the chief officers of the agencies who caused the order to be issued. The license may possibly be granted retroactively where an application has been filed abroad by way of error and without deceptive intent and the application does not disclose an invention within the scope of section 181 of this title. The term “application” when used in this chapter includes applications and any modifications, amendments, or supplements thereto, or divisions thereof. The scope of a license shall permit subsequent modifications, amendments, and supplements containing extra topic matter if the application upon which the request for the license is based is not, or was not, necessary to be made accessible for inspection under section 181 of this title and if such modifications, amendments, and supplements do not alter the general nature of the invention in a manner which would call for such application to be created offered for inspection under such section 181. In any case in which a license is not, or was not, needed in order to file an application in any foreign country, such subsequent modifications, amendments, and supplements may be made, without having a license, to the application filed in the foreign country if the United States application was not necessary to be produced accessible for inspection under section 181 and if such modifications, amendments, and supplements do not, or did not, change the general nature of the invention in a manner which would demand the United States application to have been created offered for inspection under such section 181.