Avoiding Foreign Filing Missteps: How to Secure a Retroactive License

Patent filings made abroad without the proper U.S. foreign filing license can lead to serious consequences—including abandonment, invalidation, or even sanctions. This practice note outlines how to petition the United States Patent and Trademark Office (USPTO) for a retroactive foreign filing license under 37 C.F.R. § 5.25, including essential factual and evidentiary requirements and verified statement protocols.

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