I am foreigner of USA, and have an US application in defense article. If a US company pay for that patent, is it considered importing technology?

Since the tech is available in the US territory through the patent system, do import regulations apply?

Is there any way I can sell or license this tech without the international traffic in arms regulation (ITAR) involved?

  • I don't know, but it is an interesting question. – Eric S Apr 14 '17 at 22:41

In a case: 286 F. 3d 1326 - In Re John Kollar it was established that licensing the rights to a patent was not the same as selling a patented item. However, the issue was triggering of the "on sale" bar. The laws and regulation regarding "export regulations" are about exporting from the U.S. A technology transfer, patented or not from the U.S. is subject to export regulations. If the technology was developed outside the U.S. there should be no issue of exporting from the U.S.

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