By filing an application to the USPTO, an applicant is only applying for a patent in the U.S. But, what if the applicant wants to gain global protection for their invention?

As previously stated, a PCT application designating the specific member countries protection is sought for may be filed.  Otherwise, a separate application for each and every country protection is sought in must be filed.

Individuals who plan to file for a patent in only a few countries usually just file separate applications for each country. There is an important note to make here though.

Once an individual files for a U.S. patent, they may not file the same application in another country for 6 months without first obtaining a foreign filing license. It is a violation of the law to immediately file an application in a foreign country after filing one in the U.S.

An inventor may avoid the penalty by retroactively filing for a foreign filing license.

The petition for a retroactive license must include a list, consisting of the names and filing dates of all the foreign countries the application was filed in. In addition, an oath must be sent in formally indicating that the premature foreign filing was accidental. Of course, a large fee should also be expected.