Countries with Foreign Patent Filing Restrictions

In "Awareness Of Foreign Filing Requirements For Inventions Originating Outside The United
States Can Prevent Adverse Consequences," (PLI Fundamentals of Patent Prosecution Winter 2005) Aaron Wininger and Marc Sockol write that "the following is a sample list of countries that require a foreign filing license or have restrictions on an inventor’s right to file original patent applications outside the originating country:"

• United States
• Korea
• China
• France
• United Kingdom
• Germany
• New Zealand

"In summary," they conclude "before engaging in any foreign filing, ask where the invention was developed. A failure to do so could subject your client to severe consequences, including patent invalidity, criminal prosecution and monetary penalties, and subject you to a malpractice claim."