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Just What Does a Foreign Filing License Cover? |
January 29, 2007
Previously published on March 27, 2006
A U.S. subsidiary of a German company sends all invention disclosures to its parent
company in Germany for review by the company's patent committee. In an effort to
reduce costs, another U.S. company decides to outsource its patent processing to a
technology center in India. All information about U.S. inventions is provided to the
patent processing center in India, where engineers and patent agents prepare
applications for filing in the United States. Do these scenarios raise questions under
U.S. export controls? Short answer: Yes. If a foreign filing license were obtained from
the United States Patent and Trademark Office (PTO), would it cover these
transactions? Short answer: No.
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The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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