US: WHEN YOU NEED AN EXPORT LICENCE FOR PATENT INFORMATION

On 1 August, an article from Sterne Kessler Goldstein & Fox LLP is concerned with 2 important, but sometimes overlooked issues in patent prosecution, particularly for companies with worldwide patent portfolios.  One of these is how to determine when an export licence may be necessary. It explains that foreign filing licences allow for the disclosure of technology to foreign jurisdictions for the limited purpose of filing patent applications abroad. It says that it may also be necessary to obtain an export licence prior to disclosing certain information to persons in foreign countries or to foreign nationals within the US – for items subject to control under the International Traffic in Arms Regulations (ITAR) or the Export Administration Regulations (EAR). Information regarding certain technologies (typically those which can have military applications) may not be communicated to persons in foreign countries, or to foreign nationals living in the US, without first obtaining an export licence.

https://www.jdsupra.com/legalnews/patent-prosecution-tool-kit-when-to-43210/

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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