Fort Meyers, FL asked in Patents (Intellectual Property) for Florida

Q: Can I file a patent if I'm not a U.S. citizen?

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Patents (Intellectual Property)
3 Lawyer Answers
Peter D. Mlynek
Peter D. Mlynek
Answered

A: If you live in the US, you certainly can.

If you live outside of the US, you can as well, but many countries have a policy that you first have to apply for a patent in their own country before you seek to patent abroad. The penalty is the loss of the ability to file in their country. For example, if you live in China, and you file in the US first instead of filing in China first, you will not be able to later file the application in China claiming benefit to the US application. The US has a similar policy.

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Kevin E. Flynn
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Kevin E. Flynn
Answered
  • Patents Lawyer
  • Pittsboro, NC
  • View Profile
  • Answered

A: The application papers no longer even ask about the citizenship of the inventors.

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