How can a foreign filing license be obtained?

A foreign filing license is necessary for a U.S. patent applicant who wishes to file a patent application in a foreign country before filing a corresponding application in the United States. The correct way to obtain this license is through a petition granting process.

This process is typically initiated by submitting a request to the United States Patent and Trademark Office (USPTO), which allows the applicant to seek permission before they disclose their invention internationally. The USPTO evaluates the request based on national security concerns—if an invention may be related to national security, the applicant must wait for approval.

The other options do not pertain to the proper mechanism for obtaining a foreign filing license. For instance, filing an appeal is related to contesting a decision within the patent application process and does not directly influence foreign filing permissions. Waiting for one year after filing an application in the U.S. only pertains to the ability to file abroad without the necessity of a license under specific conditions, but does not actively secure a foreign filing license. Similarly, filing a continuation application does not involve foreign filing licenses, as it is merely a procedural step concerning the original patent application's claims. Therefore, the petition granting process is the viable method for securing the necessary permission to file internationally.