[Article / US patents] US export controls: Explanation and practice—handling inventions made in the United States and points to note (Chad Link, 金野豊彦, Patent, May 2024)
更新日：4 時間前
Article information
Categories: United States
Topics: Export controls and foreign filing
Published on this website: 2026-09-29
[Article / US patents] US export controls: Explanation and practice—handling inventions made in the United States and points to note (Chad Link, 金野豊彦, Patent, May 2024)
An explanation of the US Export Administration Regulations applicable when inventions or technical information originating in the United States are transferred to Japan (or to Japanese persons), and practical precautions.
1. Definitions of “export” and “deemed export”
“Export” under US export controls includes not only physical movement of goods but also disclosure of information to foreign persons (“deemed export”).
However, “protected individuals,” such as US citizens and permanent residents, are excluded.
2. Practical assessment of export licenses
Whether permission is required to export (disclose) technology depends on the combination of the technology type and destination country.
The assessment has three steps:
(1) CCL (Commerce Control List).
(2) Reasons for control: Identify reasons such as national security (NS) and anti-terrorism (AT) based on the ECCN.
(3) Commerce Country Chart: Cross-reference the destination country (such as Japan) with the reasons for control. An “X” in the relevant cell makes obtaining an export license mandatory.
3. Relationship with a foreign filing license
Filing abroad for an invention made in the United States requires a separate license under patent law.
Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7510494596330741760/
