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   US patent application for foreign applicant
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   Author  Topic: US patent application for foreign applicant  (Read 1592 times)
mike098
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US patent application for foreign applicant
« on: Dec 24th, 2006, 3:40pm »
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I am new and have a few questions regarding US patent application:
 
1. Can a foreigner file patent application in US?
2. What is the process if a foreigner can?
3. Can someone file an application on behalf of the foreign applicant?
 
Thanks a lot.
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Rajeev_Madnawat
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Re: US patent application for foreign applicant
« Reply #1 on: Dec 25th, 2006, 12:14am »
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1. Yes
2. Generally speaking - Same process for all
3. You can file the app pro se (meaning yourself), or you can hire a USPTO licenced attorney/agent to prepare and file the US app.
 
Please be aware that there are certain rules and timelines which need to be followed if a corresponding patent app has already been filed/issued (which may completely bar filing a US app) elsewhere. Refer to MPEP and CFR or consult with a patent attorney/agent. Also research PCT application filing in your home country.
 
WARNING: This public message board posting is designed for a general discussion on the subject matter. It shall not be used or relied on by anyone as legal advice. This posting does not create a attorney-client relationship.
 
 
on Dec 24th, 2006, 3:40pm, mike098 wrote:
I am new and have a few questions regarding US patent application:
 
1. Can a foreigner file patent application in US?
2. What is the process if a foreigner can?
3. Can someone file an application on behalf of the foreign applicant?
 
Thanks a lot.

« Last Edit: Dec 25th, 2006, 12:16am by Rajeev_Madnawat » IP Logged

Rajeev Madnawat, Patent Attorney , San Jose, CA

WARNING: This public message board posting is designed for a general discussion on the subject matter. This is not a legal advice.
mike098
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Posts: 6
Re: US patent application for foreign applicant
« Reply #2 on: Dec 25th, 2006, 8:28am »
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Thanks a lot, Rajeev.
 
Can someone in US, who is not USPTO licenced attorney/agent, file the application on my behalf?
 
The person I have in mind also made some contribution to the invention.
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Rajeev_Madnawat
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Posts: 9
Re: US patent application for foreign applicant
« Reply #3 on: Dec 25th, 2006, 10:10am »
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Well, if his/her name is on the app as an inventor, sure. Of course, in order for him/her to be on the application as an inventor, she/he must have "co-invented" the subject matter. Mere contribution to the building the prototype, for instance, may not rise to the level of being an inventor. Also, generally, all the inventors need to sign the application.
 
 
WARNING: This public message board posting is designed for a general discussion on the subject matter. It shall not be used or relied on by anyone as legal advice. This posting does not create a attorney-client relationship.  
 
 
 
on Dec 25th, 2006, 8:28am, mike098 wrote:
Thanks a lot, Rajeev.
 
Can someone in US, who is not USPTO licenced attorney/agent, file the application on my behalf?
 
The person I have in mind also made some contribution to the invention.

« Last Edit: Dec 25th, 2006, 11:47am by Rajeev_Madnawat » IP Logged

Rajeev Madnawat, Patent Attorney , San Jose, CA

WARNING: This public message board posting is designed for a general discussion on the subject matter. This is not a legal advice.
Bill Richards
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Re: US patent application for foreign applicant
« Reply #4 on: Dec 25th, 2006, 10:31am »
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One cannot represent another.  I'm not 100 percent sure, but I believe that both must sign all submissions.  (This is only true if both are inventors.  Also, "making a contribution" may not rise to the level of inventorship.)
Be aware, too, that some countries have restrictions on foreign filing by citizens or residents of that country or on inventions made in that country.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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