Application Of U.s. Export Controls And Sanctions To Technical Data Exports In Connection With Patents

摘要

Based on the above exceptions and delegations, the following guidelines should assist in handling exports of technical data in connection with patents. 1. If the technical data being exported is contained in an open (published) patent, with such status not normally achieved until 18 months after the patent has been filed, it can be exported or re-exported without an export license. 2. Licensing authority delegated by BIS, DDTC, and DOE to the PTO is sharply limited and extends only to unclassified technical data contained in a patent application for filing in a foreign country. 3. In the case of unclassified technical data contained in a patent application for filing in a foreign country, a license still will be required from the PTO, which may or may not grant the license. 4. Exports of classified technical data require authorization from BIS, DDTC, or DOE, as appropriate, and, in addition, may have to meet separate requirements under the National Industrial Security Program Operating Manual (NISPOM), which governs classified contracts and is administered by the Department of Defense's Defense Security Service (DSS). 5. There are no broad exemptions or general licenses authorizing the export of technical data in connection with the preparation of U.S. patents under the regulations administered by BIS, DDTC, or DOE.