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My new invention will be marketed heavily in Japan. Can I file a patent application overseas before filing in the U.S.?

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My new invention will be marketed heavily in Japan. Can I file a patent application overseas before filing in the U.S.?

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A. You will need a Foreign Filing License (FFL) to file a patent application outside the United States. The FFL is a type of export license. You can seek an FFL prior to filing a patent application outside the U.S . However, a simple way to obtain an FFL is to file your patent application in the U.S. before filing outside the U.S. Soon after the new patent application is filed in the U.S., it will be reviewed for granting of an FFL. While patent applications on most technologies are granted FFLs, applications on technologies that might affect national security (such as munitions, certain chemicals, and biological materials) may be denied an FFL.

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A. You will need a Foreign Filing License (FFL) to file a patent application outside the United States. The FFL is a type of export license. You can seek an FFL prior to filing a patent application outside the U.S. However, a simple way to obtain an FFL is to file your patent application in the U.S. before filing outside the U.S. Soon after the new patent application is filed in the U.S., it will be reviewed for granting of an FFL. While patent applications on most technologies are granted FFLs, applications on technologies that might affect national security (such as munitions, certain chemicals, and biological materials) may be denied an FFL.

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