2019 IP Academy Series: Export Control and Foreign Filing

United States US Export Controls cover not only exports of goods but also exports of technology. An export of technology may take different forms, including the following:

• Emails or other releases or disclosures of US technology to foreign nationals outside the US
• Emails or other releases or disclosures of US technology to foreign nationals inside the US (including foreign national employees)
• Uploading US technology for cloud storage to servers outside the US
• Backing up outside the US any US technology that has been uploaded to US cloud service providers
• Downloading in foreign countries US technology that has been uploaded to US servers or transferred to backup servers outside the US

Even if cleared with export control issues, a person may still need a license from the Commissioner of Patents in some cases to file an application outside the US about an invention made within the US. What do US technology companies need to know and do to ensure compliance with US export controls and patent laws?