Can I file a Patent in the US from a different country?

I'm a citizen of another country and currently reside there. Is it possible to file an online patent using USPTO from my country? Or s I can file should I file an international Patent through USPTO?

asked Oct 15, 2017 at 12:49 3 2 2 bronze badges

1 Answer 1

For the first part, after filing patent application in the patent office of own country one has to take permission to file patent in foreign country. If permitted, one has to get registered with private pair of USPTO (uspto.gov/pair) and then one can file application with USPTO on line from anywhere. For second part, international application can be filed with WIPO through patent office of own country. USPTO handles international application of only US Nationals. By the by, WIPO does not grant any patent. It facilitates search for prior art, opinion on patentability and two years of additional time to apply in country of one's interest.

answered Oct 16, 2017 at 2:25 AD Adhikary AD Adhikary 1,072 7 7 silver badges 17 17 bronze badges

It sounds like a good answer, but could you add a reference for the permission part? Ping me afterwards and I'll gladly give you an upvote.

Commented Oct 17, 2017 at 12:47

Most countries bar filing in foreign countries without filing in own country. After filing in own country, a specific bar period still applies. Before expiry of bar period Foreign Filing License (FFL) which I termed as permission is to be obtained from patent office of the country. e.g. 35 USC 184 of US. My country (IN) too has similar provision. Incidentally, I am not from legal fraternity. Whatever little knowledge I gathered while persuing my own application in India, WIPO and US I try to share hoping it might be of some help. @ DonQuiKong