If an invention was made in the United States, federal law restricts when and how it can first be filed for patent protection abroad. A foreign filing license (FFL) is what clears that restriction. Most of the time it happens automatically and you never think about it — but in the situations where it doesn't, not having one can jeopardize your patent rights.
The Basic Rule
Under 35 U.S.C. § 184, an invention made in the U.S. generally cannot be filed abroad until either a foreign filing license is obtained from the USPTO, or six months have passed since a corresponding U.S. application was filed. The rule exists largely for national-security review. Filing abroad without authorization can, in serious cases, invalidate the resulting U.S. patent — so it's not a formality to ignore.
When It's Automatic
For most applicants, the foreign filing license is granted automatically and appears right on the filing receipt for the U.S. application, usually within days. If you file in the U.S. first and wait for that license (or for the six-month period to run), you're covered with no extra steps.
When You Need It Expedited
The automatic route doesn't fit every situation. You may need an expedited FFL when:
- You need to file abroad before filing in the U.S., or before the license appears on the filing receipt.
- A foreign filing deadline is approaching and you can't wait for the standard process.
- The invention wasn't included in a U.S. application but still needs foreign-filing authorization.
In these cases, a petition for an expedited foreign filing license can be filed with the USPTO and is typically processed far faster than the standard timeline.
Get Your Foreign Filing License Fast
We obtain expedited foreign filing licenses from the USPTO so you can meet a foreign deadline without delay. To get an idea of the cost and processing time for your situation, enter your details in our free estimate tool. If you need a foreign filing license, see our expedited FFL service or reach out to our team.
The Patent Place specializes in obtaining certified documents from the USPTO and legalizing intellectual property documents for use in countries around the world.