2017 IP Academy Series: What Patent Practitioners Need To Know About US Export Controls And Foreign Filing Licenses

What do US technology companies need to know and do to ensure compliance with US export controls and patent laws?

US export controls cover not only exports of goods but also 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 United States (including foreign national employees)
• Uploading US technology for cloud storage to servers outside the United States
• Backing up outside the United States 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 United States

Even if cleared with export control issues, a person may need a license from the Commissioner of Patents to file, cause to file, or authorize to be filed in a foreign country—prior to six months after filing in the United States—an application about an invention made in this country.

For more information, please contact Tara Graves at tara.graves@morganlewis.com or at +1.617.341.7722.