I have read that a non-resident needs a qualified patent attorney to file a non-provisional patent application directly with the United States PTO. My question is whether this requirement is also true for a provisional patent application?

(My country of residence is Vietnam, and it probably does not need a license to file a foreign application. I will be happy to also know more authoritatively whether that is the case.)

But the main question is unrelated to the license/permission from country of residence. My main question is whether a qualified patent attorney is needed to file a provisional application with the USPTO. TIA.

1 Answer 1


No - any inventor in the world can file an application for their own invention with the USPTO. That includes non-provisionals as well as provisional applications.

This does not include PCT international applications. They are filed with the inventor’s home patent office or with the IB in Geneva. With or without a registered practitioner at least one inventor or assignee must be a US entity to file a PCT with the USPTO as Receiving Office.

  • thank you very much for your prompt and clear answer! Commented Mar 19, 2022 at 17:54

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