Provisional patent in US for non-US citizen


Can a non-US citizen file a provisional patent in US? Does he need to hire an attorney or can he do it himself?

What does he need to do to convert the provisional patent into a final patent? (meaning: will he need an attorney?)


Posted 2015-02-26T21:16:59.120

Reputation: 247



In Short You dont need a attorney if you are inventor of invention. All patent offices can deal with the inventor/applicant itself. Its the local address requirement which makes it harder or to require attorney (because of confidentiality). However for filing you can follow my earlier answer here Patent filing procedure without a patent attorney

Some relevant excerpts are:-

what if inventor or applicant is not from the USA?

Most of the countries prohibit direct filing of patent application to foreign countries. These are called security restriction. It depends on your resident country. TO better evaluate situation inventor has to check respective country ACT and Rules before filing a patent application in foreign country. PCT has listed respective sections of some countries -- following link

How to file a patent with the USPTO without a patent attorney?

You can file patent application using EFS-WEB provided you are inventor of invention.

Can be a patent filed online?

YES USPTO application can be filed online at EFS-WEB

You can open a EFS-WEB account in USPTO online filing system. This account requires you to have digital certificate which can be obtained freely from USPTO LINK also read HELP

Where can I get detailed information about the procedures and fees?

Detailed information are available on Fee Detailed information on filing forms and their respective formats can be found at Link


Posted 2015-02-26T21:16:59.120

Reputation: 2 115

Pushpak big thanks! My resident country is UK and Spain. Is there any restriction from there? – Escachator – 2015-02-27T11:05:46.823


i think you need to read Royal Decree ( its in spanish might say that you need to first file a spanish patent first.

– Pushpak – 2015-02-27T11:10:09.620

Will do. Thanks. What is wipo by the way? – Escachator – 2015-02-27T11:11:27.107

1WIPO is world intellectual property right orginatization, if a person file application using WIPO he can enter in national phase in 20, 30 and 31 month. – Pushpak – 2015-02-27T11:13:28.447