Patents and Export Control Compliance: Managing Risk and Avoiding Unintentional Violations

Minimizing Export Control Liability in Patent Application Preparation, Development and Analysis of Innovation, and Licensing

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, August 3, 2017
Recorded event now available

This CLE webinar will provide guidance for patent counsel on navigating the intersection of patents and export control laws. The panel will examine the challenges facing patent owners, when and where export control issues arise, and licensing issues. The panel will offer best practices for complying with export control laws.


Running afoul of export control laws is surprisingly easy. If an American inventor in his Chicago lab hands data related to a patent application to a visiting Chinese scientist, this may be deemed an export. Likewise, distributing or outsourcing information by email, surface mail or the cloud accessible outside the U.S. for patent application preparation purposes may be an export.

Many U.S. companies fail to realize that some commercial technologies are subject to the International Trafficking in Arms Regulations (ITAR) or the Export Administration Regulations (EAR) as defense technologies. ITAR or EAR may goven sharing technical data and information in a patent application.

Violations of export control laws, even inadvertently, exposes parties to stiff penalties and denial of export privileges, among other things. It is important for patent counsel to understand the intersection between patent and export controls to avoid any unintentional export violations.

Listen as our authoritative panel of patent and international trade attorneys provides an overview of export control laws and the challenges that patent owners face. The panel will discuss when and where export control issues arise, licensing issues, and will offer best practices for compliance with export control laws.


  1. Overview of export control laws
    1. ITAR and technologies regulated under ITAR
    2. EAR and technologies regulated under EAR
  2. Challenges patent owners face
  3. When and where export control issues arise
    1. Employment or interaction with foreign nationals in the U.S. and abroad to develop/analyze technological innovation
    2. Patent licensing
    3. Cloud storage
  4. Licensing issues
  5. Best practices for compliance with export control laws


The panel will review these and other key issues:

  • What export control compliance challenges do patent owners and applicants face?
  • When do export violations arise in the patent context?
  • What are the best practices for counsel to patent owners for compliance with ITAR and EAR requirements?


David G. Henry, JD, Member
Gray Reed & McGraw, Houston

Mr. Henry focuses his practice on patent litigation prosecution and defense; patent and trademark strategic planning, prosecution and licensing; and trademark and trade secret litigation. He has extensive experience in assisting his clients in identifying, strategically managing and protecting domestic and foreign IP assets, as well as prosecuting or defending patent infringement and trademark infringement claims in federal courts throughout the U.S. Mr. Henry provides IP-related and export control related consulting services for businesses throughout the world, but in particular in the context of China’s rapidly evolving IP environment.

Edward J. Radlo, Patent Attorney
Radlo IP Law Group, Los Gatos, Calif.

Mr. Radlo is a highly experienced patent attorney who represents many prominent corporations and universities. He engages in patent prosecution, licensing, export control compliance, and patent litigation in the fields of telecommunications, computer hardware and software, data security, cryptography, and semiconductor processing. Mr. Radlo has authored many publications in cryptography and the law, patent harmonization, and other topics, and has been a frequent speaker at legal and scientific symposia. He has a particular interest in international patenting, and has worked with the American Bar Association in this area for many years. 


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Customer Reviews

Strafford provided an enthusiastic presentation that focused on patent practice, not theory.

David H. Vance

Vance Intellectual Property

I liked the practical insights, particularly when tied to cases the presenters had worked on.

Michael Gray


The program provided good legal references, good bullet points and good scope.

Tim Thomas

Kolesar & Leatham

Very clearly presented and very practical advice.

Winthrop Rutherfurd, Jr.

White & Case

The program was well organized and had knowledgeable speakers.

Sherry Gunderson-Schipper

Alticor Inc. (Amway)

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Patent Law Advisory Board

Charles S. Baker


Locke Lord

David S. Bloch


Winston & Strawn

Irah H. Donner



Ian N. Feinberg


Feinberg Day Alberti & Thompson

Anthony J. Fitzpatrick


Duane Morris

David Segal

Senior IP Counsel


Astrid R. Spain


Jones Day

Mark P. Wine



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