Intellectual Property Law

New Matter VOLUME 51, EDITION 1, SPRING 2026

Content

OUTSOURCING PATENT WORK INTERNATIONALLY Export Control Compliance Guide

SOODY TRONSON
STLG Law Firm

EXECUTIVE SUMMARY

WHEN PATENT PRACTITIONERS SEND technical data to international service providers before filing, they may trigger U.S. export control laws that operate completely separately from foreign filing license requirements. Violations carry substantial penalties, including civil fines that can reach the high six to low seven figures per violation, and criminal exposure up to $1,000,000, with potential imprisonment of up to 20 years per count, or both.1/2/3 This guide provides a practical compliance framework for navigating these overlapping regulatory regimes. This guidance addresses U.S. regulatory obligations that turn on recipient location and nationality for export control purposes, and the Export Control Classification Number (ECCN) of the technology, not on assumptions about individuals or organizations.

THE REGULATORY FRAMEWORK: THREE INDEPENDENT SYSTEMS

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