can a foreign company file a patent in USPTO without a lawyer? If yes Please tell me how.

2 Answers 2

  1. USPTO permits filing of patent by individual inventor as applicant without patent attorney (lawyer). Company can be assignee and (I am not sure) need to be represented by registered attorney. Refer the answer by Puspak.

Patent filing procedure without a patent attorney

  1. For inventor:

a. If one is in India (assuming from your name), it is mandatory for one to file patent application in Indian Patent Office. This also is permitted without a lawyer. For filing look at IPO guide lines available in its site. www.ipindia.nic.in . A lot of 'how to' are also available in net. After six months, if the application is not in barred category, one can file application with USPTO with Indian priority. If one intends to file the application in several coutries (a very costly proposition as most countries allows registered attorneys only) and/or intends to buy some time for decision, one can go through WIPO route (File with International Branch IB of IPO).

b. For filing with USPTO, one can file online by registering with private PAIR (EFS-WEB). Log in to https://www.uspto.gov/patents-application-process/checking-application-status/pair-resources for details. One has to append certified copy of patent application filed in India.

c. Individuals or educational institutions can avail 75% reduction in USPTO fees subjected to conditions.

d. These are just starters. For main menu a lot of net surfing is required.

  • I believe you can also get a foreign filing licence as an alternative to first filing at the Indian Patent Office.
    – Maca
    Commented May 20, 2018 at 3:05
  • 1
    One has to file in Indian Patent Office (IPO) for vetting. IPO is supposed to inform the applicant if there is any restriction vis-a-vis the application. Applicant has to wait for six months. For filing in foreign country before expiry of this six months period, one can apply and obtain foreign filing licence. @Maca Commented May 21, 2018 at 0:19

Section 39 (Residents not to apply for patents outside India without prior permission; http://ipindia.nic.in/writereaddata/Portal/ev/sections/ps39.html) of the Patents Act 1970, a person who is resident in India shall not make application for grant of patent outside India without:

  1. Taking Foreign Filing Permission (FFP) from the Controller of patents. This permission is usually granted by the Controller within 21 days and is required not only for foreign filing but also for filing a PCT application. You would use form 25 (http://www.ipindia.nic.in/writereaddata/Portal/IPOFormUpload/1_37_1/form-25.pdf). It can be signed by the applicant or patent agent or
  2. Filing for a patent for the same invention in India and waiting for 6 weeks.

After this the process for the US filing would be as described in the previous answer.

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