Patent bar PCT, foreign filing licenses and international designs question: invention in Ohio and filed a U.S

Patent barPCT, foreign filing licenses and international designs

An engineer made an invention in Ohio and filed a U.S. application on May 4, 2026. The filing receipt did not grant a foreign filing license. She wants to file in Japan on July 1, 2026. What does she need?

A A USPTO foreign filing license first
B A license from the Japanese Patent Office
C Nothing, because she already filed in the United States
D A license if the invention relates to weapons
E Nothing, if the Japanese application is filed in English

Show the answer and explanation

Answer: A. A USPTO foreign filing license first

Answer: A USPTO foreign filing license first. 35 U.S.C. 184 and 37 CFR 5.11 require a license before filing abroad an application on an invention made in the United States, if fewer than six months have passed since the U.S. filing. July 1, 2026 is less than six months after May 4, 2026, and no license was granted on the filing receipt (MPEP 140). Why not the others: - Already filed in the U.S.: a U.S. filing alone does not authorize foreign filing within six months. - English: language is irrelevant. - Weapons: the license requirement applies to all inventions made in the U.S.; sensitivity affects whether it is granted. - A Japanese license: the license is required by U.S. law and granted by the USPTO. Rule: Within six months of the U.S. filing, an invention made in the U.S. needs a USPTO license before foreign filing. Source: MPEP § 140 (9th ed., Rev. 01.2024); 35 U.S.C. 184; 37 CFR 5.11; as at Oct 2026

Common mistake

Thinking a U.S. filing automatically licenses foreign filing right away.

Practice more Patent bar PCT, foreign filing licenses and international designs questions

Exam-style questions with worked answers, then full timed mocks. Free to start.

Start practicing →

Study note: PCT, foreign filing licenses and international designs Patent barpractice questions & mock exams

Related Patent bar practice questions

A PCT application designating the United States was filed on March 10, 2025, claiming priority to a U.S. provisional application filed on April 2, 2024. No demand was filed. By what date must the applicant pay the basic national fee to avoid abandonment as to the United States, assuming the date is a business day?A PCT application claims priority to an application filed on January 15, 2025. The international search report and written opinion were transmitted to the applicant on April 22, 2026. By when should Article 19 amendments of the claims reach the International Bureau?A claim recites a mathematical formula for calculating the optimal cure time of rubber, and further recites constantly measuring mold temperature, recalculating the cure time with the formula, and automatically opening the press when the calculated time has elapsed. Under the USPTO's analysis, which conclusion is best supported?

Build a daily practice habit — a few exam-style questions a day, with worked answers. Free to start.

Start practicing →

Original study material written from the MPEP; not a question from the current exam.Independent. Not affiliated with or endorsed by the USPTO. Verify figures and rules against current guidance before relying on them.