37 CFR 5.12 — Petition for license
Ninth Edition, Revision 01.2024
- (a) Filing of an application in the United States Patent and Trademark Office on an invention made in the United States will be considered to include a petition for license under 35 U.S.C. 184 for the subject matter of the application. The filing receipt or other official notice will indicate if a license is granted. If the initial automatic petition is not granted, a subsequent petition may be filed under paragraph (b) of this section.
- (b) A petition for license must include the fee set forth in § 1.17(g) of this chapter, the petitioner’s address, and full instructions for delivery of the requested license when it is to be delivered to other than the petitioner. The petition should be presented in letter form.
[48 FR 2696, Jan. 20, 1983; amended 49 FR 13462, Apr. 4, 1984; para. (b) revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; para. (b) revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; para. (b) revised, 69 FR 56481, Sept. 21, 2004, effective Nov. 22, 2004; para. (a) revised, 80 FR 17918, Apr. 2, 2015, effective May 13, 2015; para. (a) revised, 85 FR 61604, Sept. 30, 2020, effective Sept. 30, 2020]
Cited authority
Cited by
- 1002.02(c)(1) Petitions Decided by the Director of the Technology Center Who Oversees Licensing and Review
- 115 Review of Applications for National Security and Property Rights Issues
- 140 Foreign Filing Licenses
- 1832 License Request for Foreign Filing Under the PCT
- 502 Depositing Correspondence
- 37 CFR 1.17 Patent application and reexamination processing fees
- 37 CFR 5.13 Petition for license; no corresponding application
- 37 CFR 5.14 Petition for license; corresponding U.S. application
- 37 CFR 5.15 Scope of license
- 37 CFR 5.18 Arms, ammunition, and implements of war