--- kind: "section" citation: "37 C.F.R. § 5.11" title: "37" number: "5.11" heading: "License for filing in, or exporting to, a foreign country an application on an invention made in the United States or technical data relating thereto." url: "https://uscodex.org/cfr/37/5.11" --- # §5.11. License for filing in, or exporting to, a foreign country an application on an invention made in the United States or technical data relating thereto. - (a) A license from the Commissioner for Patents under [35 U.S.C. 184](/usc/35/184.md) is required before filing any application for patent, including any modifications, amendments, or supplements thereto or divisions thereof, or for the registration of a utility model, industrial design, or model, in a foreign country or in a foreign or international intellectual property authority (other than the United States Patent and Trademark Office acting as a Receiving Office for international applications (35 U.S.C. [361](/usc/35/361.md), [37](/usc/35/37.md) CFR 1.412) or as an office of indirect filing for international design applications (35 U.S.C. [382](/usc/35/382.md), [37](/usc/35/37.md) CFR 1.1002)), if the invention was made in the United States, and: - (1) An application on the invention has been filed in the United States less than six months prior to the date on which the application is to be filed; or - (2) **No application on the invention has been filed in the United States.** - (b) The license from the Commissioner for Patents referred to in [paragraph (a)](#a) of this section would also authorize the export of technical data abroad for purposes related to: - (1) The preparation, filing or possible filing, and prosecution of a foreign application; and - (2) The use of a World Intellectual Property Organization online service for preparing an international application for filing with the United States Patent and Trademark Office acting as a Receiving Office (35 U.S.C. [361](/usc/35/361.md), [37](/usc/35/37.md) CFR 1.412) without separately complying with the regulations contained in 22 CFR parts [120](/cfr/22/part120.md) through [130](/cfr/22/part130.md) (International Traffic in Arms Regulations of the Department of State), 15 CFR parts [730](/cfr/15/part730.md) through [774](/cfr/15/part774.md) (Export Administration Regulations of the Bureau of Industry and Security, Department of Commerce), and [10 CFR part 810](/cfr/10/part810.md) (Assistance to Foreign Atomic Energy Activities Regulations of the Department of Energy). - (c) Where technical data in the form of a patent application, or in any form, are being exported for purposes related to the preparation, filing or possible filing and prosecution of a foreign application, without the license from the Commissioner for Patents referred to in paragraphs [(a)](#a) or [(b)](#b) of this section, or on an invention not made in the United States, the export regulations contained in 22 CFR parts [120](/cfr/22/part120.md) through [130](/cfr/22/part130.md) (International Traffic in Arms Regulations of the Department of State), 15 CFR parts [730](/cfr/15/part730.md) through [774](/cfr/15/part774.md) (Export Administration Regulations of the Bureau of Industry and Security, Department of Commerce), and [10 CFR part 810](/cfr/10/part810.md) (Assistance to Foreign Atomic Energy Activities Regulations of the Department of Energy) must be complied with unless a license is not required because a United States application was on file at the time of export for at least six months without a secrecy order under [§ 5.2](/cfr/37/5.2.md) being placed thereon. The term “exported” means export as it is defined in 22 CFR part [120](/cfr/22/part120.md), [15](/cfr/22/part15.md) CFR [part 734](/cfr/37/part734.md), and activities covered by [10 CFR part 810](/cfr/10/part810.md). - (d) If a secrecy order has been issued under [§ 5.2](/cfr/37/5.2.md), an application cannot be exported to, or filed in, a foreign country (including an international agency in a foreign country), except in accordance with [§ 5.5](/cfr/37/5.5.md). - (e) **No license pursuant to paragraph (a) of this section is required—** - (1) If the invention was not made in the United States, or - (2) If the corresponding United States application is not subject to a secrecy order under [§ 5.2](/cfr/37/5.2.md), and was filed at least six months prior to the date on which the application is filed in a foreign country, or - (3) For subsequent modifications, amendments, and supplements containing additional subject matter to, or divisions of, a foreign application if: - (i) A license is not, or was not, required under [paragraph (e)(2)](#e-2) of this section for the foreign application; - (ii) The corresponding United States application was not required to be made available for inspection under [35 U.S.C. 181](/usc/35/181.md); and - (iii) Such modifications, amendments, and supplements do not, or did not, change the general nature of the invention in a manner which would require any corresponding United States application to be or have been available for inspection under [35 U.S.C. 181](/usc/35/181.md). - (f) A license pursuant to [paragraph (a)](#a) of this section can be revoked at any time upon written notification by the United States Patent and Trademark Office. An authorization to file a foreign application resulting from the passage of six months from the date of filing of a United States patent application may be revoked by the imposition of a secrecy order. ## Notes ### Amendments [49 FR 13461, Apr. 4, 1984, as amended at 56 FR 1928, Jan. 18, 1991; 62 FR 53204, Oct. 10, 1997; 70 FR 56129, Sept. 26, 2005; 80 FR 17969, Apr. 2, 2015; 85 FR 61607, Sept. 30, 2020] ### Authority Authority: 35 U.S.C. 2(b)(2), 41, 181-188; 22 U.S.C. 2751 et seq.; 42 U.S.C. 2011 et seq.; 22 U.S.C. 3201 et seq.; and the delegations to the Director in 15 CFR 370.10(j), 22 CFR 125.04, and 10 CFR 810.7. ### Source Source: 24 FR 10381, Dec. 22, 1959, unless otherwise noted. ### Amendments [49 FR 13461, Apr. 4, 1984, as amended at 56 FR 1928, Jan. 18, 1991; 62 FR 53204, Oct. 10, 1997; 70 FR 56129, Sept. 26, 2005; 80 FR 17969, Apr. 2, 2015; 85 FR 61607, Sept. 30, 2020]