Can a non-U.S. citizen file for a U.S. patent?

Non-U.S. citizens may file a patent application much in the same manner a U.S. citizen would, with a few additional stipulations. Citizenship must be listed for all inventors. As for a U.S. citizen, the inventor must sign a declaration or oath, verifying that to the best of the inventor’s knowledge, he/she is the first to create such an invention.

When in a foreign country, the oath or declaration must be signed before any diplomatic or consular officer of the United States. A U.S. patent will not be granted to any invention previously patented in a foreign country, unless the foreign patent application was filed within 12 months of the U.S. patent application filing date. If the U.S. patent application is filed within at least 12 months of the foreign patent application filing date, then the U.S. patent application will assume the foreign application filing date in regards to privileges concerning protection rights.

For more information on intellectual property, please visit Patent, Trademark, Copyright Information.

The content of this article is not intended to be, and does not constitute, legal advice and does not create attorney-client privilege. Consult the attorney of your choice before embarking on any legal matter or any document preparation/filing.

Dr. Thomas R. (Terry) Williamson III is a Patent Attorney practicing in Atlanta, Georgia.

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