IP-Academy
Foreign filing restrictions
The first step on the way to securing your rights is the filing of a patent application. However, there is one issue to consider before launching the process – can you make your first filing abroad?
In many countries, there is a foreign filing license requirement obliging inventors to file first in the country where they created an invention OR obliging nationals of the country to file in their home country before seeking protection abroad.
For example, India and Kenya apply this requirement to their nationals or residents only, while Russia, China, and the USA require first filing of applications for the inventions made in the country regardless of the inventor’s nationality.
If you are not sure where to file first, seek legal advice or feel free to contact us for support.
Common Questions
What are foreign filing restrictions (foreign filing license requirements)?
Foreign filing restrictions are rules in some countries that limit whether you can file a patent application abroad first. They may require you to file first in the country where the invention was made, or to obtain a foreign filing license before filing outside that country.
Why do foreign filing restrictions exist?
They are usually linked to national security or government review of sensitive technologies. If the invention is considered sensitive, authorities may require local filing or permission before any foreign filing.