In which situation is an application not eligible for a Foreign Filing License?

An application is not eligible for a Foreign Filing License when it is filed without any prior application because the requirement for a Foreign Filing License stems from the need to ensure that the invention is not classified as secret due to national security concerns.

In cases where an application has not been filed previously with the USPTO or is not derived from an earlier application, it means that there has been no examination of any potential security clearance issues by the U.S. government. The Foreign Filing License must be secured if there is any chance that the invention pertains to sensitive information that could affect national security.

The other scenarios involve circumstances that do not exempt an application from the need for a Foreign Filing License. If an application has been published, it does not negate the need for a Foreign Filing License, as the publication status does not equate to a review for national security implications. Similarly, an application that is identified by serial number and filing date or originates from an international application still requires a Foreign Filing License unless appropriate procedures have been followed to ensure compliance with U.S. law.