For a patentee filing for patent protection regarding an invention made in the United States, a license is required before filing any application for a patent in a foreign country. Failure to get a foreign filing license can lead to invalidation of subsequently granted patents (35 U.S.C. §185), and a fine of up to $10,000 or imprisonment for up to two years, or both, if the patentee is convicted of willfully disclosing subject matter subject to a Secrecy Order, (35 U.S.C. §186). Invalidation of a patent under 35 U.S.C. § 185 only occurs if the failure to do so was not through error and the invention concerns national security. See, Genes Indus. v. Custom Blinds & Components, 2016 U.S. Dist. LEXIS 203623, at *17 (C.D. Cal. Sept. 26, 2016). For more discussion on obtaining a foreign filing license prior to filing an application for a foreign patent, see https://www.finnegan.com/en/insights/blogs/prosecution-first/need-a-foreign-filing-license.html
