I submitted a provisional patent application from a foreign country to USPTO a few months ago. I researched and determined that my idea is worth a proper patent application (I made it public). Is that possible that me or my lawyer without USA residentship go there to submit a non-provisional application with my passport? Or are patent application at USPTO offices for USA residents only?

  • If you find my answer helpfuly I'd greatfully appreciate it if you could accept it!
    – PatKilg
    Commented Jan 10, 2013 at 20:25

1 Answer 1


Your attorney will have to be admitted to practice before the USPTO (pass the patent bar) before he will be able to submit the patent on your behalf. Otherwise the US patent laws do not discriminate against foreign nationals filing on their own behalf.

See generally: http://www.uspto.gov/web/offices/pac/doc/general/foreign.htm

You can always hire a US patent attorney or agent if you want someone with expertise in US patent laws to assist you or to file on your behalf.

Short answer: Utility patent applications at the USPTO are NOT limited to US residents

FYI--you don't actually have to travel to the USA to submit an application. It can be done by mail, or electronically. File electronically here

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