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October 1, 2020by Element IP

The United States Patent and Trademark Office (USPTO or Office) is amending the foreign filing license rules to facilitate the use of ePCT (a World Intellectual Property Organization (WIPO) online service) to prepare an international application for filing with the USPTO in its capacity as a Receiving Office (RO/US) under the Patent Cooperation Treaty (PCT).

While the former foreign filing license rules authorized the export of technical data to ePCT for purposes of preparing an international application for filing in a foreign PCT Receiving Office, they did not authorize the export of technical data to ePCT for purposes of preparing an international application for filing with the RO/US. As a foreign filing license addresses the export of technical data, the USPTO is amending the foreign filing license rules to further provide that a foreign filing license from the USPTO authorizes the export of technical data abroad for purposes related to the use of ePCT to prepare an international application for filing with the RO/US under the PCT.

This final rule is effective on September 30, 2020, and the Federal Register Notice can be found here.

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by Element IP

Element IP is a premier boutique intellectual property law firm. Created specifically to service the needs of users of the US patent system, our firm combines extensive experience in patent procurement, counselling, licensing, post-grant proceedings, and litigation with innovative technology and staffing solutions to provide clients with high quality work product in a cost-effective and efficient manner.