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

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

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

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Tuesday, August 22, 2023

Recorded event now available

or call 1-800-926-7926

This CLE course will guide patent and other 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 related licensing issues. The panel will offer best practices for complying with export control laws.


Running afoul of export control laws is surprisingly simple. 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 and regulated by U.S. law.

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 or "dual-use" technologies. ITAR or EAR may govern sharing technical data and information in a patent application.

Violations of export control laws, even inadvertently, expose parties to potential stiff civil and criminal penalties and denial of export privileges. Counsel must understand the intersection between patent law and export control law 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, review licensing issues, and 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 essential 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?


Bloch, David
David S. Bloch

Greenberg Traurig

Mr. Bloch is an intellectual property litigator focused on helping clients understand the complex technical and legal...  |  Read More

Henry, David
David G. Henry, JD

Managing Partner - Waco, Texas Office
Munck Wilson Mandala

Mr. Henry is the lead partner in the Waco office and a member of the intellectual property group. He uses his private...  |  Read More

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