Asked in Patents (Intellectual Property)

Q: How can I make a patent if I am not a US citizen ?

2 Lawyer Answers
Kevin E. Flynn
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: The patent process does not require citizenship. There is an extra step (a foreign filing license) for inventions made in the US to be filed in countries other than the US but that is a tech transfer issue and I do not think other countries have similar rules about filing a patent here in the US. NOTE -- I am not an expert in the laws of all countries so you will need to be sure that you are not violating any rules for your country in filing a patent here in the US.

I hire law firms to file my American clients' patent applications in other countries, usually through the Patent Cooperation Treaty process but sometimes through a direct filing. Law firms in other countries hire me to file US patent applications for their clients.

So there is no special obstacle from the patent process.

I hope this helps.

Kevin E Flynn

Karima Gulick agrees with this answer

Karima Gulick
Karima Gulick
Answered
  • Patents Lawyer
  • Irvine, CA

A: You don’t need to be a US citizen or resident to file in the US.

Talk to a US patent practitioner to help you with the actual drafting and filing of your patent.

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