California  |  Intellectual Property

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10/03/07, 2:08 am

Legal Question


Patent Law & foreign filing

I have invented a process and I wish to file for a foreign patent before filing for a utility patent here in the United States. I am a citizen of the United States and I was wondering if I could file abroad first and skip getting the 'license to foreign file' altogether provided that I file for a patent here in America within 12 months of my date from the foreign filing.

Basically what I am asking is the following:

a) can a U.S. citizen be held criminally liable for filing a patent abroad before receiving the 'license to foreign file'; OR

b) will filing abroad before receiving the 'license' hurt the patent application in anyway or bar it from being issued?

Thank you


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